Trans-Tec Asia v. M/V HARMONY CONTAINER

ORDER GRANTING THE MOTION FOR PARTIAL SUMMARY JUDGMENT BY DEFENDANT M/V HARMONY CONTAINER IN REM AND CLAIMANT SPLENDID SHIPPING SDN BHD AND DENYING TRANS-TEC’S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT ON CHOICE OF LAW

I. INTRODUCTION

This admiralty case arises out of a dispute over unpaid bunkers (fuel). Plaintiff Trans-Tec Asia (“Trans-Tec”) sold bunkers to the charterer of Defendant in rem M/V Harmony Container (“Vessel”), the Kien Hung Shipping Company Ltd. (“Kien Hung”). Kien Hung later went bankrupt. Its bunkers still unpaid, Trans-Tec filed this action against the Vessel and its Owner, Defendant Splendid Shipping Sendirian Berhard (“Splendid”) (collectively “Defendants”).

Trans-Tec asserts five causes of action: (1) maritime lien claims in contract against the Vessel and freights; (2) maritime lien claims in tort against the Vessel and freights; (3) maritime claims in contract against the owner; (4) unjust enrichment claims against the owner; and (5) maritime attachment and garnishment of the Vessel and bunkers of the Vessel.

Because choice of law is a threshold issue in this case, the Court encouraged the parties to file motions for partial summary judgment on the…