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'''Summary'''
This note is an update to the note notes on the first instance decision (accessible from [[http://www.onlinedmc.co.uk/index.php/PST_Energy_7_Shipping_%26_Product_Shipping_and_Trading_v_OW_Bunker_Malta_%26_ING_Bank_the_Res_Cognitans]]) and the decision of the Court of Appeal (accessible from [[http://www.onlinedmc.co.uk/index.php/PST_Energy_7_Shipping_v_OW_Bunker_Malta_%26_ING_Bank_-_the_RES_COGITANS]]) For the background, these notes should be read together.
The contract between the Sellers and the Owners was not a contract of sale, but a sui generis [of its own special type] contract. Significantly, it allowed Owners the right potentially to consume the bunkers for propulsion before paying for them.
