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2005 MarsdenLR 12

HIGH COURT MALAYA KUALA LUMPUR
WEI HSING FOOD (S) PTE LTD – Appellant
Versus
THE OWNERS OR DEMISE CHARTERERS OF THE SHIP OR VESSEL THE NEPTUNE & .... – Respondent


JUDGMENT

Vincent Ng J:

Before me are two appeals arising from the two decisions of the senior assistant registrar in admiralty suit no. D1-27-25-2002. In encl 20, the defendant owners appealed against the decision of the registrar dismissing the defendants' application to set aside (to strike out) the plaintiffs' claim for the price of goods and materials or necessaries supplied to the vessel "The Neptune". In encl 21, the plaintiffs appealed against the decision of the registrar who disallowed the plaintiffs' application to set aside the conditional appearance entered by the defendant who were the present owners of "The Neptune".

The parties have agreed to accept my decisions on the respective appeals in encls 20 and 21 herein as equally determinative and binding in respect of two similar applications in suit D1-27-26-2002 (encls 20 and 21) between V Ships (Pte) Ltd & Another v. The Owners and/or Demise Charterers of the Ship Or Vessel "The Mercury".

After hearing and considering the applications, reading all the affidavits and written submissions put in by both sides, I allowed the plaintiffs' appeal vide encl 21 but dismissed the defendants' appeal vide encl 20, both enclosures in s

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