26 Jan 2024
UNICIOUS ENERGY PTE LTD PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL ALPINE MATHILDE (NO. IMO 9380506) YANG BERDAFTAR DI PELABUHAN HONG KONG
- Citation
- WA-27NCC-49-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-49-10/2023 (Mahkamah Tinggi)
The Court held the plaintiff obtained and continued the writ and warrant of arrest in circumstances amounting to mala fides and/or gross negligence: the arrest had no foundation, the plaintiff knew or must have known the Cargo was blocked under US sanctions and that the defendant was a US person or controlled by US persons, the plaintiff engaged in sham arrangements and failed full and frank disclosure; accordingly damages for wrongful arrest and wasted expenses are awarded to the defendant to be assessed by the High Court Deputy Registrar, and costs were fixed for Enclosures 21, 27 and 39.