28 Nov 2023
CHINA STAR CHEMICAL SHIPPING LIMITED Linyang Shipping Navigation Ltd.
- Citation
- WA-27NCC-29-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-29-06/2023 (Mahkamah Tinggi)
The court set aside the writ and warrant because the Defendant was not liable in personam under the charterparty and did not contract with the charterers; however, damages for wrongful arrest were refused because the Plaintiff had arguable grounds at the time of arrest (reliance on Lloyd’s Seasearcher, provisional registry complexities, commercial indicators and sanction-related risks) and there was no proof the Plaintiff knew the ownership information was wrong or acted with mala fides or crassa negligentia; the Plaintiff’s insistence on additional assurances from the P&I club was held to be…