6 Oct 2023
1. ) COSCO SHIPPING HEAVY INDUSTRY (DALIAN) CO., LTD 2. ) DALIAN DEVELOPER DRILLING CO., LIMITED OSTA FLEET SDN. BHD.
- Citation
- WA-27NCC-50-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-50-07/2019 (Mahkamah Tinggi)
On the balance of probabilities the 2014 Builder's Certificate used to register the Vessel was forged (forensic evidence of inkjet/toner cut-and-paste and inconsistencies in attestation), the registration failed mandatory MSO requirements (transfer named non-Malaysian entity, lack of statutory declaration and original builder's certificate) and is therefore null and void; consequently the 2nd Plaintiff is the beneficial owner, the Defendant holds on trust, de-registration ordered, and Defendant's counterclaim dismissed.