GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD 1. ) VANTAGE MARINE & LOGISTICS SDN BHD 2. ) AZIZUL AZMA BIN AB MALIK 3. ) ESWARAN A/L PANJARATNAM 4. ) WONG CHENG PERNG 5. ) MARGRATE TAMBANUN 6. ) MUHAMMAD SABRI BIN AB GHANI 7. ) SKOSV SDN BHD

GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD 1. ) VANTAGE MARINE & LOGISTICS SDN BHD 2. ) AZIZUL AZMA BIN AB MALIK 3. ) ESWARAN A/L PANJARATNAM 4. ) WONG CHENG PERNG 5. ) MARGRATE TAMBANUN 6. ) MUHAMMAD SABRI BIN AB GHANI 7. ) SKOSV SDN BHD

SKOSV's separate Acknowledgement and Confirmation constituted agreement to be bound by the Payment Procedure in Addendum No.4; SKOSV knowingly withheld notification of End User receipts and entered a Set-Off (Hibiscus Addendum No.1) that deprived funds intended for Greatship, such conduct amounted to direct interference and inducement of breach and imposed a constructive trust and fiduciary duties on SKOSV; conversely, evidence did not show the Vantage Directors acted outside their corporate capacities or with predominant intention to injure Greatship, therefore conspiracy and trustee claims against them failed.

Citation
WA-27NCC-12-03/2023 (Mahkamah Tinggi)
Parties
Plaintiff: GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD; 1st Defendant: VANTAGE MARINE & LOGISTICS SDN BHD; 2nd Defendant: AZIZUL AZMA BIN AB MALIK; 3rd Defendant: ESWARAN A/L PANJARATNAM; 4th Defendant: WONG CHENG PERNG; 5th Defendant: MARGRATE TAMBANUN; 6th Defendant: MUHAMMAD SABRI BIN AB GHANI; 7th Defendant: SKOSV SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2025
Case Number
WA-27NCC-12-03/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Civil Suit (charterparty / Commercial Division) / Judgment (trial)
Outcome
Plaintiff's claim allowed against 7th Defendant (SKOSV); claims against 2nd–6th Defendants dismissed.
Legal Topics
Constructive Trust, Fiduciary Duty, Inducing Breach of Contract, Conspiracy to Injure by Unlawful Means, Set Off, Tripartite Agreement, Directors' Liability, Tracing, Payment Control Mechanism
Source Language
Malay/English
Contract Law Tort Law Equity and Trusts Company Law Commercial / Maritime Law Constructive Trust Fiduciary Duty Inducing Breach of Contract +6 more

Case Brief

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Parties

GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD

Plaintiff

VANTAGE MARINE & LOGISTICS SDN BHD

1st Defendant

AZIZUL AZMA BIN AB MALIK

2nd Defendant

ESWARAN A/L PANJARATNAM

3rd Defendant

WONG CHENG PERNG

4th Defendant

MARGRATE TAMBANUN

5th Defendant

MUHAMMAD SABRI BIN AB GHANI

6th Defendant

SKOSV SDN BHD

7th Defendant

Procedural Posture

Commercial Civil Suit (charterparty / Commercial Division) / Judgment (trial)

Legal Issues

  1. 1 Whether SKOSV is bound by Addendum No.4 by reason of its Acknowledgement and Confirmation
  2. 2 Whether SKOSV induced Vantage Marine to breach Addendum No.4
  3. 3 Whether SKOSV was a constructive trustee and owed fiduciary duties to Greatship

Ratio Decidendi

SKOSV's separate Acknowledgement and Confirmation constituted agreement to be bound by the Payment Procedure in Addendum No.4; SKOSV knowingly withheld notification of End User receipts and entered a Set-Off (Hibiscus Addendum No.1) that deprived funds intended for Greatship, such conduct amounted to direct interference and inducement of breach and imposed a constructive trust and fiduciary duties on SKOSV; conversely, evidence did not show the Vantage Directors acted outside their corporate capacities or with predominant intention to injure Greatship, therefore conspiracy and trustee claims against them failed.

Court Disposition

Plaintiff's claim allowed against 7th Defendant (SKOSV); claims against 2nd–6th Defendants dismissed.

Orders

  • 7th Defendant SKOSV ordered to pay Plaintiff RM 9,366,741.47 as at 31.3.2023 with interest at 12% p.a. from date of Writ to judgment and thereafter 5% p.a. until full realisation
  • 7th Defendant to pay costs of RM 60,000.00 subject to allocator