29 Sept 2023
DESERT OASIS PETROCHEMICAL TRADING L.L.C PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL ALPINE MATHILDE (NO IMO 9740471) DARI PELABUHAN HONG KONG
- Citation
- WA-27NCC-36-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-36-07/2023 (Mahkamah Tinggi)
The court found the 6.4.2023 sales contract to be a sham designed to circumvent OFAC sanctions, concluded the cargo remained blocked and the Plaintiff lacked title or in personam cause against the Defendant; accordingly the admiralty in rem jurisdiction was not made out, the writ and warrant of arrest were set aside, the vessel released, and the Plaintiff was liable for damages for wrongful arrest and wasted expenses to be assessed, with costs fixed at RM25,000.