30 Jul 2025
1. ) NEW GOLDEN SEA SHIPPING PTE LTD 2. ) COSCO SHIPPING LINES (MALAYSIA) SDN. BHD. 1. ) MAHATHIR BIN MOHD HARUN 2. ) YIP FONG HOLDING SDN BHD 3. ) TONG ZHOU LOGISTICS SDN. BHD.
- Citation
- BL-B52NCC-26-10/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-B52NCC-26-10/2022 (Mahkamah Sesyen)
On the balance of probabilities the Second and Third Defendants deliberately represented themselves as authorised agents of the First Defendant without authority (pretended agents) and thereby induced the Plaintiffs to accept Bookings and issue Bills of Lading; consequently the Second and Third Defendants are personally liable under s188 Contracts Act 1950 for the DND charges of RM556,706.16 plus contractual interest and judgment interest; the First Defendant lacked knowledge and did not consent and is therefore not bound or liable.