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2025 MarsdenLR 2112

HIGH COURT MALAYA KUALA LUMPUR
PT TRI PERKASA EXPRESS – Appellant
Versus
GREEN GLOBAL TRANSPORT SOLUTIONS SDN BHD – Respondent


Table of Content
1. understanding ownership and lien issues. (Para 1 , 2 , 3 , 4 , 5)
2. legal claims of ownership and liens. (Para 6 , 22 , 56 , 58 , 62)
3. court's construction of the ownership transfer. (Para 23 , 38 , 39 , 41 , 50 , 53)
4. principles of ownership transfer in agreements. (Para 30 , 31 , 33 , 35 , 44)
5. final judgment and orders issued. (Para 77)
Ong Chee Kwan J:

Introduction

[1] In a typical ship agency agreement, the agent handles various aspects of container and transhipment with responsibilities including documentation, customs clearance, logistics and managing relationships with the carriers and port authorities. In the process, the agent would come into possession containers belonging to its principal.

[2] In the present case, the Defendant had an agency agreement with one PT Kaiso Global Maritim, an Indonesian company and pursuant to its performance of the services thereunder, the Defendant had in its possession some 690 containers belonging to PT Kaiso Global Maritim which the Defendant had arranged for storage with a third party.

[3] The Plaintiff claims that it has acquired legal ownership of some 292 containers of PT Kaiso Global Maritim currently in the posses

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