(Pursuant To An Order Of The Court Of Appeal)

Wong Kian Kheong JC:

A. Introduction

[1] This claim (Plaintiffs Claim) by the plaintiff company [a company incorporated in the Peoples Republic of China (Plaintiff)], and the counterclaim (Defendants Counterclaim) by the defendant company [a company incorporated in Malaysia (Defendant)] had been tried and decided by the Shah Alam High Court on 20 August 2014 (SAHCs Decision).

[2] Both the Plaintiff and Defendant have appealed to the Court of Appeal against the SAHCs Decision. On 4 March 2015, the Court of Appeal had ordered, among others, that this case be re-heard on its merits in the Kuala Lumpur High Court (Admiralty Division) (CAs Order). Hence, this case before me pursuant to the CAs Order (KLHC Proceedings).

B. Issues

[3] The following questions, among others, arise in this case:

(1) whether the Plaintiff was the principal of PK Shipping Agency Co. Ltd., Thailand