CIP GROUP SDN BHD 1. ) RENQUI DONGTAI IMPORT & EXPORT TRADE CO LTD 2. ) SITC CONTAINERS LINES MALAYSIA SDN BHD 3. ) KMTC LINE (MALAYSIA) SDN BHD 4. ) HEUNG-A (M) SDN BHD

CIP GROUP SDN BHD 1. ) RENQUI DONGTAI IMPORT & EXPORT TRADE CO LTD 2. ) SITC CONTAINERS LINES MALAYSIA SDN BHD 3. ) KMTC LINE (MALAYSIA) SDN BHD 4. ) HEUNG-A (M) SDN BHD

The court exercised its discretion under Order 15 (r6/r8) and held that KMTCL and HALCL demonstrated a sufficient legal interest (as carriers/through agency relationships) and that their rights would be directly affected by the injunction and plaintiff's possession of the cargo; permitting intervention prevents multiplicity of proceedings and ensures complete adjudication, therefore leave to intervene was granted with costs in the cause.

Citation
BA-22NCvC-98-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff: CIP GROUP SDN. BHD.; 1st Defendant: RENQUI DONGTAI IMPORT & EXPORT TRADE CO. LTD.; 2nd Defendant: SITC CONTAINERS LINES MALAYSIA SDN. BHD.; 3rd Defendant: KMTC LINE (MALAYSIA) SDN. BHD.; 4th Defendant: HEUNGA-A (M) SDN. BHD.; Intervener: KOREA MARINE TRANSPORT CO. LTD.; Intervener: HEUNG A LINE CO. LTD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2025
Case Number
BA-22NCvC-98-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Intervention Application in a Civil Suit Concerning Cargo, Bills of Lading and Injunctions / Interlocutory – Application to Intervene Decided (leave Granted)
Outcome
Applications Enclosures 27 and 40 allowed; proposed interveners granted leave to intervene; costs in the cause.
Legal Topics
Intervention, Order 15 Rule 6, Bills of Lading, Carrier's Rights and Liabilities, Agency and Principal/agent Liability, Original Bill of Lading Requirement, Misjoinder/non‑joinder, Injunctions
Source Language
Malay/English
Civil Procedure Admiralty and Maritime Law Contract Law Agency Law Tort (conversion/negligence) Equitable Remedies (injunction) Intervention Order 15 Rule 6 +6 more

Case Brief

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Parties

CIP GROUP SDN. BHD.

Plaintiff

RENQUI DONGTAI IMPORT & EXPORT TRADE CO. LTD.

1st Defendant

SITC CONTAINERS LINES MALAYSIA SDN. BHD.

2nd Defendant

KMTC LINE (MALAYSIA) SDN. BHD.

3rd Defendant

HEUNGA-A (M) SDN. BHD.

4th Defendant

KOREA MARINE TRANSPORT CO. LTD.

Intervener

HEUNG A LINE CO. LTD

Intervener

Procedural Posture

Civil Intervention Application in a Civil Suit Concerning Cargo, Bills of Lading and Injunctions / Interlocutory – Application to Intervene Decided (leave Granted)

Legal Issues

  1. 1 Whether proposed interveners have a sufficient legal interest to intervene
  2. 2 Whether agents/carriers' rights are directly affected by the injunction and plaintiff's possession of cargo
  3. 3 Whether intervention should be allowed to prevent multiplicity of proceedings and ensure complete adjudication

Ratio Decidendi

The court exercised its discretion under Order 15 (r6/r8) and held that KMTCL and HALCL demonstrated a sufficient legal interest (as carriers/through agency relationships) and that their rights would be directly affected by the injunction and plaintiff's possession of the cargo; permitting intervention prevents multiplicity of proceedings and ensures complete adjudication, therefore leave to intervene was granted with costs in the cause.

Court Disposition

Applications Enclosures 27 and 40 allowed; proposed interveners granted leave to intervene; costs in the cause.

Orders

  • Leave granted to Korea Marine Transport Co. Ltd to intervene in Civil Suit No BA-22NCvC-98-03/2025
  • Leave granted to Heung A Line Co. Ltd to intervene in Civil Suit No BA-22NCvC-98-03/2025