Atan Mustaffa Yussof Ahmad JC:

[1] The trial of this action concerns the plaintiff's claim for a debt under a charterparty of vessels between the plaintiff as disponent owners of the vessels and the defendant as charterers of the vessel. Arising from the facts of the case, the defendant also has a counterclaim against the plaintiff for damages for loss of charterparty fees and hire of the Vessels founded on the tort of conspiracy to injure by lawful means.

Background Facts

[2] The plaintiff and the defendant started a business relationship sometime in 2016 when the defendant would approach the plaintiff to hire barges on a trip rate basis to transport quarry products from the defendant's quarry operations in Terengganu to the defendant's customers' sites. At this time, the plaintiff was known as 'Smart Work Co-ordinating Sdn Bhd". The plaintiff's name was changed subsequently to "TM Global Marine Sdn Bhd" on 7 October 2018.

[3] In September 2017, the defendant was invited by KP Port Services Sdn Bhd ("KPPS") to quote for the hire of a Floating Crane for Kuantan Port. The plaintiff informed the defendant of vessels that were available and suitable for this purpose, namely the FC