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 this Honourable court deems fit.

The plaintiff's application in encl 41 was supported by an affidavit in encl 40 of Cheok Hoon Thiam, a Singaporean, that was affirmed on 11 November 1998 and filed on 13 November 1998. Ole Zimmermann Borresen of Oslo, Norway affirmed an affidavit on 15 December 1998 which was filed on 30 December 1998 and marked as encl 47 and this served as a reply to enclosure 40. Cheok Hoon Thiam responded and he deposed an affidavit in encl 52 on 25 March 1999 which was filed on 26 March 1999 and this served as a reply to encl 47. Two other pertinent affidavits must be considered in adjudicating encl 41. That would be the affidavit of the bailiff in encl 54 and the affidavit of Captain Datuk Hamzah bin Mohd Noor in encl 53.

Prayer 2 (a) of encl 41 sought for the dismissal of encl 24 with costs and encl 24 was the defendant's application for a stay of proceedings, of which I have more to say in the later part of this judgment.

The Honourable Chief Judge of Malaya, YAA Tan Sri Dato' Wan Adnan bin Ismail, by letter dated 10 May 1999 directed that this case be dealt by me notwithstanding the fact that this was a file of another judge in Johor Bahru and so I forthwith dealt with encl 41.

Facts Of The Case

The defendant is the owner of the ship or vessel known as "Normar Splendour." A warrant of arrest was issued by the Johor Bahru High court against Normar Splendour on 13 November 1997 and that warrant of arrest was effected by the plaintiff at the port of Pasir Gudang, Johor Bahru on 16 November 1997.The writ of summons was also served on Normar Splendour on 16 November 1997.The defendant swiftly instructed Messrs Skrine & Co, the defendant's first solicitors, to act on the defendant's behalf in this matter and the defendant, through their solicitors, entered a conditional appearance to the action on 24 November 1997.On 6 December 1997, the defendant filed encl 24 supported by an affidavit in encl 23 for, inter alia, an order that the plaintiff's action be stayed and that Normar Splendour be released from arrest.Enclosure 24 was fixed for hearing before another judge of the High court Johor Bahru on 14 January 1998 but somehow it was adjourned.Sometime in February 1998, Normar Splendour sailed from the Pasir Gudang port in breach of the warrant of arrest.The defendant was informed that Normar Splendour broke arrest, and this was a few days after the event when the master of the vessel contacted the defendant's office at Dubai.Ole Zimmermann Borresen in his affidavit in encl 44 at para 4 was emphatic and apologetic when he deposed as follows:

On behalf of the defendants, I apologise to this Honourable court for the vessel breaking arrest in Pasir Gudang, Johor, Malaysia sometime in January 1998.

The circumstances leading to such event took th