26 Apr 2021
PEMILIK KAPAL ATAU VESSEL "PDZ MEAH" (NO. IMO 9064009) DARI PELABUHAN KLANG (PDZ HOLDINGS BERHAD) DAN BUNKERING (SINGAPORE) PTE LTD
- Citation
- WA-27NCC-8-01/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-8-01/2017 (Mahkamah Tinggi)
Because the plaintiff issued the writ in rem and obtained a statutory lien before the defendant company was wound up, the plaintiff ranked as a secured creditor entitled to realise the vessel and have the sale proceeds applied to its claim; the consent order was validly entered with representation and did not extinguish the plaintiff's lien; accordingly plaintiff's O.70 r.21 application for determination of priorities and payment out succeeded and defendants' applications to set aside the consent order or for return of proceeds were dismissed.