1. ) NEW GOLDEN SEA SHIPPING PTE LTD 2. ) COSCO SHIPPING LINES (MALAYSIA) SDN. BHD. 1. ) MAHATHIR BIN MOHD HARUN 2. ) YIP FONG HOLDING SDN BHD 3. ) TONG ZHOU LOGISTICS SDN. BHD.

1. ) NEW GOLDEN SEA SHIPPING PTE LTD 2. ) COSCO SHIPPING LINES (MALAYSIA) SDN. BHD. 1. ) MAHATHIR BIN MOHD HARUN 2. ) YIP FONG HOLDING SDN BHD 3. ) TONG ZHOU LOGISTICS SDN. BHD.

On the balance of probabilities the Second and Third Defendants deliberately represented themselves as authorised agents of the First Defendant without authority (pretended agents) and thereby induced the Plaintiffs to accept Bookings and issue Bills of Lading; consequently the Second and Third Defendants are personally liable under s188 Contracts Act 1950 for the DND charges of RM556,706.16 plus contractual interest and judgment interest; the First Defendant lacked knowledge and did not consent and is therefore not bound or liable.

Citation
BL-B52NCC-26-10/2022 (Mahkamah Sesyen)
Parties
First Plaintiff: New Golden Sea Shipping Pte Ltd; Second Plaintiff: COSCO Shipping Lines (Malaysia) Sdn. Bhd.; First Defendant: Mahathir Bin Mohd Harun (Delmas Maju Industri); Second Defendant: Yip Fong Holding Sdn. Bhd.; Third Defendant: Tong Zhou Logistics Sdn. Bhd.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 July 2025
Case Number
BL-B52NCC-26-10/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Contractual Shipping Dispute / Judgment (ground of Judgment Delivered)
Outcome
Plaintiffs' claim against Second and Third Defendants allowed; claim against First Defendant dismissed; declarations made against Second and Third Defendants for misrepresentation and fraud in bookings.
Legal Topics
Bills of Lading, Pretended Agent (s188 Contracts Act 1950), Admissibility of Computer Generated Records (s90 a Evidence Act 1950), Demurrage and Detention Charges, Lifting the Corporate Veil (concealment), Contractual Interest and Judgment Interest, Unpleaded Affirmative Defences
Source Language
Malay/English
Contract Law Agency Evidence Maritime Law Company Law Bills of Lading Pretended Agent (s188 Contracts Act 1950) Admissibility of Computer Generated Records (s90 a Evidence Act 1950) +4 more

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Parties

New Golden Sea Shipping Pte Ltd

First Plaintiff

COSCO Shipping Lines (Malaysia) Sdn. Bhd.

Second Plaintiff

Mahathir Bin Mohd Harun (Delmas Maju Industri)

First Defendant

Yip Fong Holding Sdn. Bhd.

Second Defendant

Tong Zhou Logistics Sdn. Bhd.

Third Defendant

Procedural Posture

Civil Contractual Shipping Dispute / Judgment (ground of Judgment Delivered)

Legal Issues

  1. 1 Admissibility of impugned documents under procedural reclassification and s90A Evidence Act 1950
  2. 2 Whether a contract of carriage existed between First Plaintiff and First Defendant as evidenced by the Bills of Lading
  3. 3 Whether the First Defendant had knowledge of and was bound by the Bills of Lading

Ratio Decidendi

On the balance of probabilities the Second and Third Defendants deliberately represented themselves as authorised agents of the First Defendant without authority (pretended agents) and thereby induced the Plaintiffs to accept Bookings and issue Bills of Lading; consequently the Second and Third Defendants are personally liable under s188 Contracts Act 1950 for the DND charges of RM556,706.16 plus contractual interest and judgment interest; the First Defendant lacked knowledge and did not consent and is therefore not bound or liable.

Court Disposition

Plaintiffs' claim against Second and Third Defendants allowed; claim against First Defendant dismissed; declarations made against Second and Third Defendants for misrepresentation and fraud in bookings.

Orders

  • Declaration that the Second and Third Defendants untruly represented themselves as authorised agents of the First Defendant to the Plaintiffs
  • Declaration that the Second and Third Defendants misrepresented themselves as agents of the First Defendant and/or committed fraud by making Bookings COAU7120742820, COAU7120743010, COAU7120736930 and COAU7120739970