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HIGH COURT MALAYA KUALA LUMPUR
COSCO SHIPPING HEAVY INDUSTRY (DALIAN) CO LTD & ANOR – Appellant
Versus
OSTA FLEET SDN BHD – Respondent
The grounds of appeal are based on the assertion that the original registration of the vessel was obtained through fraudulent means, specifically the use of a forged Builder's Certificate, which invalidates the registration. The appellant contends that the procedural requirements under maritime law were not properly fulfilled, including the failure to produce an authentic original Builder's Certificate and the improper transfer of ownership to a non-Malaysian entity, which contravenes statutory provisions (!) . Furthermore, it is argued that the court erred in upholding the invalid registration without adequately considering the fraudulent nature of the documents presented. The appellant also challenges the lower court's decision to recognize the plaintiffs as beneficial owners and to order de-registration, asserting that these decisions were made without sufficient basis and in breach of established legal principles regarding the validity of vessel registration procedures (!) .
JUDGMENT
[1] In the annals of ship registration law, few cases have presented as intriguing a puzzle as this dispute over the vessel "Dalian Developer". It is a tale that unfolds not on the high seas, but in the bureaucratic corridors of maritime registries and corporate boardrooms At its heart lies a ship of remarkable capabilities, but more than that, it is a story about the intricacies of vessel ownership and the sometimes murky waters of registration procedures.
[2] As I sift through the voluminous evidence before me, I am struck by the complexity of the case. On one side stands a giant of Chinese shipbuilding. On the other, a Malaysian company with aspirations in the offshore industry. Between them is a vessel, registered in Malaysia but claimed by a Chinese entity, embodying a dispute that hinges on the minutiae of administrative processes and documentary requirements.
[3] The central question seems deceptively simple: Who is the rightful owner of the "Dalian Developer"? But to answer this, we must navigate through a labyrinth of builder's certificates, registration forms, and statutory declarations. We must scrutinise the very mechanics of how a shi
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