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COURT OF APPEAL KUALA LUMPUR
BSNC LEASING SDN BHD – Appellant
Versus
SABAH SHIPYARD SDN BHD & ORS & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. ownership of the turbine and implications of financial distress. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. core questions on property passing and vexatious litigation. (Para 11 , 12) |
| 3. determining true nature of transaction and ownership based on evidence. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 23 , 29) |
| 4. jurisdiction of the courts and implications for international legal principles. (Para 30 , 32 , 34 , 69 , 70) |
Preliminary
[1] These two appeals arise out of the same subject matter When we sat on 22 November 1999, there was only one appeal before us. It was Civil Appeal No: 686/99 ("the second appeal") in which Sabah Shipyard Sdn Bhd ("Sabah Shipyard") was the appellant. We then discovered from counsel that there was a related appeal, viz, Civil Appeal No 482/99 ("the first appeal") in which BSNC Leasing (M) Sdn Bhd ("BSNC Leasing") was the appellant. It was against an earlier order made in the same proceedings. It was apparent that a resolution of the first appeal would finally determine the event of the second. But not the other way around.
[2] We therefore suggested that the first appeal be also fixed on short notice and that both appeals
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