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2022 MarsdenLR 1156

HIGH COURT MALAYA KUALA LUMPUR
ULTRA DEEP SUBSEA PTE LTD – Appellant
Versus
ZAKRI ALWI & ORS – Respondent


Petitioner Advocates:Arun Krishnalingam,Aaron Siva ,Respondent Advocate: Goh Chin How

JUDGMENT

(After Full Trial)

Azlan Sulaiman J:

Overview

[1] The Plaintiff claimed against the Defendants as guarantors the outstanding sums it alleged were owing to it from a company called Redtech Offshore Sdn Bhd ("RTO"). After a full trial, I dismissed the Plaintiff's claim principally on the ground it had failed to prove the amounts claimed.

Salient Background Facts

[2] The Plaintiff's claim stems from six (6) agreements (collectively, "the Agreements"). Three were in July 2018 and three were in October 2018. They were:

(i) A BIMCO Time Charter Party for Offshore Service Vessels dated 5 July 2018 between Ultra Deep Solutions Ltd, an associate company of the Plaintiff, and RTO ("July CPA");

(ii) A Contract dated 6 July 2018 between the Plaintiff and RTO for the provision of services ("July Services Agreement");

(iii) A Credit Application Form dated 5 July 2018 submitted by RTO to the Plaintiff for trading credit for the services provided by the Plaintiff to RTO ("July CAF");

(iv) A BIMCO Time Charter Party for Offshore Service Vessels dated 2 October 2018 between the Plaintiff and RTO ("October CPA");

(v) A Contract dated 3 October 2018 between the Plaintiff and RTO for the provision of ser


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