BOUSTEAD CRUISE CENTRE SDN BHD 1. ) NIKMAT MUJUR SDN BHD 2. ) CCK PETROLEUM (LABUAN) LTD (Licensed as Labuan Commodity Trading Company)

BOUSTEAD CRUISE CENTRE SDN BHD 1. ) NIKMAT MUJUR SDN BHD 2. ) CCK PETROLEUM (LABUAN) LTD (Licensed as Labuan Commodity Trading Company)

The court treated the contemporaneous survey, the Letter of Indemnity admitting collision, and the photographic/CCTV evidence as establishing a direct causal link between the Vessel's collision with the link bridge and the severe damage to the piles, supporting the plaintiff's claim of liability.

Citation
WA-27NCC-6-02/2023 (Mahkamah Tinggi)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 April 2025
Case Number
WA-27NCC-6-02/2023 (Mahkamah Tinggi)
Procedural Posture
Admiralty in Personam / Judgment (opinion Excerpts)
Legal Topics
Vessel Collision, Contemporaneous Evidence, Letter of Indemnity, Liability for Damage
Source Language
Malay/English
Admiralty Maritime Torts Evidence Law Property Damage Vessel Collision Contemporaneous Evidence Letter of Indemnity Liability for Damage

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Procedural Posture

Admiralty in Personam / Judgment (opinion Excerpts)

Legal Issues

  1. 1 Whether the Vessel collided with the link bridge and caused damage to piles
  2. 2 Whether contemporaneous documents (survey, letter of indemnity, photographs, CCTV) establish causation and liability
  3. 3 Weight and admissibility of an on‑the‑day admission/letter of indemnity

Ratio Decidendi

The court treated the contemporaneous survey, the Letter of Indemnity admitting collision, and the photographic/CCTV evidence as establishing a direct causal link between the Vessel's collision with the link bridge and the severe damage to the piles, supporting the plaintiff's claim of liability.