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1999 MarsdenLR 1137

HIGH COURT MALAYA JOHOR BAHRU
ASIA PACIFIC PARCEL TANKERS PTE LTD – Appellant
Versus
THE OWNERS OF THE SHIP OR VESSEL NORMAR SPLENDOUR – Respondent


JUDGMENT

Abdul Malik Ishak J:

Background

Three applications were pending before this court, namely:

(a) the defendant's application in encl 24 for a stay of proceedings;

(b) the plaintiff's application for judgment in default in encl 30; and

(c) the present application by the plaintiff for contempt of court in encl 41.

This judgment focussed itself on encl 41 where the plaintiff sought for the following prayers:

(1) A declaration that the defendant are in contempt of this Honourable court by removing or causing to be removed or allowing or otherwise permitting the vessel "NORMAR SPLENDOUR" to sail away from the jurisdiction of this Honourable court whilst she was lying under arrest by virtue of a Warrant of Arrest issued on 13 November 1997 by this Honourable court.

(2) That ancillary to or as a consequence of the Order made in para (1) above:

(a) The defendant's application filed herein on December 6, 1997 (enclosure 24) be dismissed with costs; and

(b) The defendant be precluded from taking any further steps and from filing any affidavits in the proceedings herein.

(3) That the defendant do pay the plaintiff the costs of and incidental to this application.

(4) Such further or other relief as

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