
Samantha Ch'ng
Biography
Samantha Ch'ng is an associate director at Ascendant Legal, a Singapore law firm in Formal Law Alliance with Norton Rose Fulbright.
Samantha obtained her Bachelor of Laws (LL.B.) from Singapore Management University and is qualified as an advocate and solicitor in Singapore. Her practice focuses on shipping and trade, and she has a broad range of experience in both contentious and non-contentious matters.
Professional experience
Representative experience
Representative experience
Contentious
· Acted for a terminal in its multimillion dollar claim in the High Court against vessel owners arising out of an allision by the vessel; acted for the same terminal operators in subsequent allisions.
· Acted for a leading European bank on enforcing its mortgage over a very large cruise ship in Singapore operated by the Genting Group and ancillary matters such as resisting the ship owner’s claim against the sale proceeds (Reported High Court judgment in The “World Dream” [2024] 4 SLR 1255).
· Acted for a leading European bank in enforcing a mortgage in Singapore and ancillary proceedings; the enforcement action was taken together with enforcement actions over other vessels in the fleet across multiple jurisdictions (South Africa and the Middle East).
· Acted for putative charterers as plaintiffs in a High Court suit against disponent owners for losses amounting to USD 1.15 million arising out of a repudiatory breach by the disponent owners of a voyage charterparty (Reported High Court judgment in Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd [2016] 5 SLR 243). The High Court’s decision against us was overturned on appeal, on our very legal submissions in the High Court. The Court of Appeal judgment is at Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd and another appeal [2018] 1 SLR 50.
· Acted for an oil major in defending actions against it by LC-issuing banks.
· Acted for owners against bunker suppliers where the bunkers supplied to a vessel was off-specification, parties agreed to re-blending operations to mitigate losses so that the bunkers supplied could be compliant with IMO 2020.
· Acted for cargo interests in its claim for approximately SGD 3.8 million in the High Court against the owners of a chemical / oil products tanker for damage to lubrication oil cargo, which was found contaminated at the discharge port.
· Acted for cargo interests in their claims against one of the world’s biggest commercial storage facilities in the High Court and an SIAC arbitration for improper movement and/or disposal of gasoil belonging to the cargo interests. In the course of the proceedings it transpired that some cargo were shipped on board various vessels and there were also competing interests for the gasoil. Consequently, injunction application(s) and interpleader proceedings ensued.
· Acted for cargo buyers against terminal operators in various proceedings in the Singapore High Court and arbitration for delivery up of cargo, and in related action(s) against carriers of the cargo for non-delivery of cargo.
· Acted for ship managers against owners in an SIAC arbitration for claim for management fees.
· Acted for owners in an SCMA arbitration against its managers for main engine damage suffered as a result of improper purification of bunkers.
· Acted for bareboat charterers in SCMA arbitrations brought by owners for damage to the vessel on redelivery and non-payment of charter hire.
· Acted for charterers in an LMAA arbitration involving a repudiatory breach of a trip charterparty.
· Advised a container liner in its claim against vessel owners arising out of lost and damaged containers.
· Acted for liquidators in an originating summons application in the High Court to recover payments made by an insolvent company to an oil trader between the commencement of winding up and the eventual winding up order (Reported judgment in Centaurea International Pte Ltd v Citus Trading Pte Ltd [2017] 3 SLR 513).
· Acted for Milaha Explorer Pte Ltd in successfully resisting injunction applications brought against them in relation to a dispute arising out of their sale of a vessel (Reported judgments in Milaha Explorer Pte Ltd v Pengrui Leasing (Tianjin) Co. Ltd [2023] 1 SLR 1072 and Pengrui Leasing (Tianjin) Co Ltd v Milaha Explorer Pte Ltd [2022] SGHC 319).
Non-contentious / Transactional
· Advised port authorities on matters relating to an allision by a vessel carrying their flag.
· Drafted a shipbuilding contract for a lighthouse authority.
· Drafted a charterparty for a support vessel for a wind farm.
· Structured a cross-border private shipping fund involving private and institutional investors from various jurisdictions, including Singapore, the United Kingdom and the United States.
· Acted for financiers in the re-financing of a distressed business trust’s syndicated loan which involved a fleet of vessels across major shipping sub-sectors.
· Acted for various financiers in preparing financing and security documentation for ship purchases, financing / re-financing and sale and leaseback transactions.
· Acted for buyers in the purchase of 3 VLCC tankers from various subsidiaries of a company under judicial management.
· Conducted due diligence on several Singaporean target companies for buyers and drafted the relevant sale and purchase (and ancillary) documents in share acquisitions.
· Advised debtors in a global debt restructuring involving a US-bankruptcy court action and obligors from various jurisdictions.
· Advised trustees in relation to its potential factoring business.
· Advised a foreign company on the liability exposure of a charterer in the event of an oil spill in Singapore.
· Advised a charterer on potential criminal liability of its directors in the event of an oil spill in Singapore.
· Advised an oil major in respect of claims and potential liability arising out of contaminated cargo.
Education
Education
Bachelor of Laws (LL.B.), Singapore Management University
Qualified as an advocate and solicitor in Singapore (2016)
Memberships and activities
Memberships and activities
- Member, The Law Society of Singapore
- Member, Singapore Academy of Law
Languages
Languages
- English