UNICIOUS ENERGY PTE LTD PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL ALPINE MATHILDE (NO. IMO 9380506) YANG BERDAFTAR DI PELABUHAN HONG KONG

UNICIOUS ENERGY PTE LTD PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL ALPINE MATHILDE (NO. IMO 9380506) YANG BERDAFTAR DI PELABUHAN HONG KONG

The Court held the plaintiff obtained and continued the writ and warrant of arrest in circumstances amounting to mala fides and/or gross negligence: the arrest had no foundation, the plaintiff knew or must have known the Cargo was blocked under US sanctions and that the defendant was a US person or controlled by US...

Source-derived case information.

Citation
WA-27NCC-49-10/2023 (Mahkamah Tinggi)
Parties
Plaintiff: UNICIOUS ENERGY PTE LTD; Defendants: The Owners and/or Demise Charterers of the Ship or Vessel "ALPINE MATHILDE" (IMO: 9380506)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 January 2024
Case Number
WA-27NCC-49-10/2023 (Mahkamah Tinggi)
Procedural Posture
Admiralty Action in Rem (admiralty in Rem No. WA 27 NCC 49 10/2023) / Judgment on Prayer (6) of Enclosure 21 — Damages for Wrongful Arrest (post Hearing Decision)
Outcome
Plaintiff's preliminary stay argument dismissed; Court found arrest wrongful and ordered damages to Defendant and fixed costs.
Legal Topics
Wrongful Arrest, Damages Assessment, Abuse of Process, Duty of Full and Frank Disclosure, Arbitrability/jurisdiction, Ofac/blocked Property
Admiralty and Maritime Law Arbitration Law Sanctions Law Civil Procedure Tort Law Wrongful Arrest Damages Assessment Abuse of Process +3 more

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Parties

UNICIOUS ENERGY PTE LTD

Plaintiff

The Owners and/or Demise Charterers of the Ship or Vessel "ALPINE MATHILDE" (IMO: 9380506)

Defendants

Procedural Posture

Admiralty Action in Rem (admiralty in Rem No. WA 27 NCC 49 10/2023) / Judgment on Prayer (6) of Enclosure 21 — Damages for Wrongful Arrest (post Hearing Decision)

Legal Issues

  1. 1 Whether the court should stay consideration of wrongful arrest damages in favour of arbitration
  2. 2 Whether the plaintiff's arrest of the vessel was wrongful (mala fides or crassa negligentia)
  3. 3 Whether the plaintiff breached duty of full and frank disclosure when seeking the warrant of arrest

Ratio Decidendi

The Court held the plaintiff obtained and continued the writ and warrant of arrest in circumstances amounting to mala fides and/or gross negligence: the arrest had no foundation, the plaintiff knew or must have known the Cargo was blocked under US sanctions and that the defendant was a US person or controlled by US persons, the plaintiff engaged in sham arrangements and failed full and frank disclosure; accordingly damages for wrongful arrest and wasted expenses are awarded to the defendant to be assessed by the High Court Deputy Registrar, and costs were fixed for Enclosures 21, 27 and 39.

Court Disposition

Plaintiff's preliminary stay argument dismissed; Court found arrest wrongful and ordered damages to Defendant and fixed costs.

Orders

  • Plaintiff to pay Defendant damages for wrongful arrest of the Vessel and all damages for wasted and unnecessary expenses occasioned thereby, such damages to be assessed by the High Court Deputy Registrar
  • Plaintiff to pay costs fixed at RM 50,000.00 for Enclosure 21