DSCAFF ENGINEERING SDN BHD OECL(MALAYSIA) SDN BHD

DSCAFF ENGINEERING SDN BHD OECL(MALAYSIA) SDN BHD

The appeal is allowed because the bill of lading contains an exclusive English law and jurisdiction clause which makes England the proper forum, and because the plaintiff lacked locus standi to sue defendant 2 as the carrier acted as agent for the principal and the original bill was surrendered to the consignee releasing defendant 2; accordingly the claim against defendant 2 is struck out under Order 18 rule 19(1)(b),(c) and (d).

Citation
BL-12A-10-08/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant 2: DSCAFF ENGINEERING SDN BHD; Respondent/plaintiff: OECL (MALAYSIA) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 October 2021
Case Number
BL-12A-10-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court
Outcome
Appeal allowed; decision of the Sessions Court dated 30.7.2021 set aside
Legal Topics
Bill of Lading, Locus Standi, Forum Selection Clause, Demurrage and Detention, Agency Authority, Jurisdiction
Source Language
Malay/English
Shipping Contract Jurisdiction Agency Private International Law Bill of Lading Locus Standi Forum Selection Clause +2 more

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Parties

DSCAFF ENGINEERING SDN BHD

Appellant/defendant 2

OECL (MALAYSIA) SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Sessions Court

Legal Issues

  1. 1 Whether Malaysian court has jurisdiction given exclusive English law and jurisdiction clause in the bill of lading
  2. 2 Whether plaintiff (carrier/agent) has locus standi to sue defendant who contracted via a freight agent
  3. 3 Whether surrender of original bill of lading to the consignee releases the defendant from liability

Ratio Decidendi

The appeal is allowed because the bill of lading contains an exclusive English law and jurisdiction clause which makes England the proper forum, and because the plaintiff lacked locus standi to sue defendant 2 as the carrier acted as agent for the principal and the original bill was surrendered to the consignee releasing defendant 2; accordingly the claim against defendant 2 is struck out under Order 18 rule 19(1)(b),(c) and (d).

Court Disposition

Appeal allowed; decision of the Sessions Court dated 30.7.2021 set aside

Orders

  • Claim by OECL (Malaysia) Sdn Bhd against DSCAFF Engineering Sdn Bhd (Defendant 2) struck out under Order 18 Rule 19(1)(b),(c) and (d)
  • Costs of the appeal awarded to appellant: RM 6,000.00