24 Oct 2023
PBJV GROUP SDN BHD 1. ) ASIAN KALIBER SDN. BHD. 2. ) BUMI ARMADA NAVIGATION SDN. BHD. 3. ) PETROFAC (MALAYSIA-PM 304) LIMITED PENCELAH 1. ) SYNERGY MARINE (M) SDN. BHD. 2. ) EXECUTIVE OFFSHORE SHIPPING SDN. BHD.
- Citation
- WA-27NCC-101-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-101-11/2020 (Mahkamah Tinggi)
The Close Out Report and Interim Report were documentary hearsay and inadmissible to establish the facts of the incident because the authors and primary witnesses were not called; PBJV therefore failed to prove the required act or omission under Clause 44(a) on the balance of probabilities; independently, Bumi Armada is entitled to the protections of the Knock-for-Knock and Himalaya clauses (Clause 14), which treat Petrofac as part of the Charterers' Group and exempt Owners' Group from liability for damage to Charterers' Group property, so PBJV's claim against Bumi Armada is barred; according…