4 Oct 2021
DSCAFF ENGINEERING SDN BHD OECL(MALAYSIA) SDN BHD
- Citation
- BL-12A-10-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12A-10-08/2021 (Mahkamah Tinggi)
The appeal is allowed because the bill of lading contains an exclusive English law and jurisdiction clause which makes England the proper forum, and because the plaintiff lacked locus standi to sue defendant 2 as the carrier acted as agent for the principal and the original bill was surrendered to the consignee releasing defendant 2; accordingly the claim against defendant 2 is struck out under Order 18 rule 19(1)(b),(c) and (d).