Mujur Bakat SDN BHD & Anor v Uni. Asia General Insurance Berhad & Ors

Mujur Bakat SDN BHD & Anor v Uni. Asia General Insurance Berhad & Ors

England is not the natural or most appropriate forum for this action. The parties, evidence, and witnesses are all connected to Malaysia, and Malaysian courts can apply English law to the dispute. The choice of English law as governing law does not make England the most appropriate forum. The order for service out is set aside.

Parties
Claimant: Mujur Bakat Sdn Bhd; Claimant: SMS Ship Management Services Sdn Bhd; Defendant: Uni. Asia General Insurance Berhad; Defendant: Tokio Marine Insurance (Malaysia) Berhad; Defendant: Tahan Insurance Malaysia Berhad; Defendant: Multi-Purpose Insurance Berhad; Defendant: Kurnia Insurans (Malaysia) Berhad; Defendant: Berjaya Sompo Insurance Berhad; Defendant: Lonpac Insurance Berhad
Jurisdiction
England and Wales
Judgment Date
18 March 2011
Procedural Posture
Commercial Insurance Dispute / Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Order for service out set aside
Legal Topics
Forum Conveniens, Jurisdiction, Marine Insurance, Governing Law Clauses
Private International Law Insurance Law Civil Procedure Forum Conveniens Jurisdiction Marine Insurance Governing Law Clauses

Case Brief

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Parties

Mujur Bakat Sdn Bhd

Claimant

SMS Ship Management Services Sdn Bhd

Claimant

Uni. Asia General Insurance Berhad

Defendant

Tokio Marine Insurance (Malaysia) Berhad

Defendant

Tahan Insurance Malaysia Berhad

Defendant

Multi-Purpose Insurance Berhad

Defendant

Kurnia Insurans (Malaysia) Berhad

Defendant

Berjaya Sompo Insurance Berhad

Defendant

Lonpac Insurance Berhad

Defendant

Procedural Posture

Commercial Insurance Dispute / Application to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England is the forum conveniens for the dispute under a marine insurance policy governed by English law
  2. 2 Whether the order for service out of the jurisdiction should be set aside

Ratio Decidendi

England is not the natural or most appropriate forum for this action. The parties, evidence, and witnesses are all connected to Malaysia, and Malaysian courts can apply English law to the dispute. The choice of English law as governing law does not make England the most appropriate forum. The order for service out is set aside.

Court Disposition

Order for service out set aside

Orders

  • Order for service out made by Flaux J set aside
  • Counsel to agree and draw up the appropriate order; failing agreement, the court will address outstanding issues