9 Feb 2022
1. ) SUZANNAH HELEN HARVEY 2. ) RONAN FRANCIS HARVEY 1. ) Langkawi Yacht Club Bhd 2. ) Royal Langkawi Yacht Club
- Citation
- WA-27NCC-69-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-69-09/2019 (Mahkamah Tinggi)
On the balance of probabilities the Court found that (1) the Vessel sustained the engine and associated electrical damage after using fuel primarily bunkered at the RLYC on 4.7.2018; (2) independent laboratory tests and corroborated expert and eyewitness evidence established water and high sodium content consistent with saltwater contamination in Starboard/Day Tank fuel; (3) the Defendant failed to prove integrity of its bulk fuel installation or that contamination originated elsewhere and was negligent (and breached the implied condition of fitness under s16 SOGA); causation and loss establi…