[1] This judgment is in respect of the Plaintiff's application in encl 61 to strike out the Defendant's Memorandum of Appearance and Defence and Counterclaim and also the Defendant's application in encl 69 for an extension of time to file the Defendant's Defence and Counterclaim filed on 28 December 2020 and for the same to be admitted as the Defendant's Defence and Counterclaim in these proceedings. I heard both these applications together and on 21 June 2021, I allowed encl 61 and dismissed encl 69.

[2] These are my grounds in respect of of both decisions.

Background Facts

[3] On 13 March 2013 and 13 September 2013 the Plaintiff entered into 2 commercial agreements ("the Commercial Agreements") with Fujian Heli Industry Trade Co ("Fujian Heli"), a company incorporated in China. The arrangement between the Plaintiff and Fujian Heli was for Fujian Heli to salvage sunken ships along the Straits of Malacca ("the Works"). In performing this, Fujian Heli would provide and use a vessel called "Inaimerak Super" ("the Vessel") to perform the Works. The Vessel was previously named "Zhong Run 26", and was registered at the Xiamen Maritime Bureau, China since 16 No