19 May 2021
AN ZHONG SHIPPING PTE LTD THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED
- Citation
- WA-27NCC-39-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-39-05/2020 (Mahkamah Tinggi)
The court held that the 1st Intervener lacked locus standi to plead defences available only to the real defendant (the demise charterer); accordingly para.3 of the Ex Parte Order granting the 1st Intervener leave to serve a defence was set aside and the Plaintiff was entitled to judgment in default of appearance against the Defendant on the in rem claim based on the affidavits filed, the Plaintiff having shown a well-founded case and no sufficient evidence that the bank had notice of fraud to defeat its claim.