24 Aug 2021
ORITEAM SDN BHD 1. ) Jabatan Kastam Diraja Malaysia (KDRM) 2. ) XXXX 3. ) Kerajaan Malaysia
- Citation
- CA-21NCvC-3-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CA-21NCvC-3-02/2019 (Mahkamah Tinggi)
Plaintiff, as owner of the cargo, had standing; initial seizure (07.02.2019) was lawful, but after JMG Kuantan’s report on 14.02.2019 confirming the cargo was iron ore, defendants had no reasonable basis to continue detention to 28.02.2019; SPRM’s correspondence did not constitute a statutory seizure or notice sufficient to lawfully prolong detention; accordingly defendants were liable under s132 Customs Act 1967 for wrongful detention and must pay damages and costs awarded by the court.