3 Aug 2020
PEMILIK KAPAL ATAU VESSEL "PDZ MEWAH" (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)
Court held that admiralty jurisdiction was properly invoked under UK SCA 1981; the ship registry is only prima facie evidence and may be displaced; on the balance of probabilities the transfer of the vessel to PDZ Holdings was a sham—hurried, at undervalue, effected after novations pumped up intra-group indebtedness, involving common directors and deficient documentation—so beneficial ownership remained with Dai Zhun at commencement of the action; filing a proof of debt did not extinguish the plaintiff's pre-judgment statutory lien and did not bar the in rem action; contractual late payment i…