11 Oct 2023
B BRAUN MEDICAL INDUSTRIES SDN BHD 1. ) PYRAMID LINES SINGAPORE PTE LTD 2. ) CEVA FREIGHT HOLDINGS (M) SDN BHD 3. ) YCH DISTRIPARK SDN BHD
- Citation
- WA-27NCC-28-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-28-06/2023 (Mahkamah Tinggi)
The court exercised its discretion to refuse the stay because the plaintiff demonstrated strong cause: Malaysia has the most real and substantial connection to the dispute (acts and witnesses in Penang; Malaysian defendants), mandatory application of Malaysian COGSA/Hague-Visby Rules, and a stay would prejudice the plaintiff by rendering its claims time-barred; additionally the Himalaya clause does not extend to confer the exclusive jurisdiction clause on the agent (Ceva Freight).