15 Nov 2024
New World P&I Service Co. Ltd. The Disponent Owner and/or The Demise Charterer of the Ship and/or Vessel ES VALOR (IMO No. 9843625) of the Port of Monrovia, Liberia PENCELAH HUIHONG (TIANJIN) SHIPPING LEASE CO. LTD.
- Citation
- WA-27NCC-33-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-33-06/2024 (Mahkamah Tinggi)
The court found on the balance of probabilities that (a) EVCL in fact continued to possess and control the vessel and had not treated itself as a mere gratuitous bailee after the owner's notice such that the demise charter remained in effect for purposes of s.21(4) UK SCA 1981, but (b) the Eversea charterparty was not binding because the signatory (Gu Feng) lacked authority and the agreement was in truth a sham; further the plaintiff failed to make full and frank disclosure material to the arrest application. Consequently the writ in rem was struck out, the warrant of arrest set aside and dam…