SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 MarsdenLR 1802

COURT OF APPEAL PUTRAJAYA
COCKETT MARINE OIL (ASIA) PTE LTD – Appellant
Versus
MISC BERHAD & ANOTHER APPEAL – Respondent


Petitioner Advocates:David Morais,Pavitra Pillai,Foo Siew Yin ,Respondent Advocate: Arun Krishnalingam,Aaron Siva

JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] These are appeals by the appellant/defendant in the High Court ('Cockett Marine') against two decisions by the Learned Judicial Commissioner ('LJC'): to dismiss the defendant's application for a stay of proceedings in favour of arbitration [Enclosure 16] and to allow the plaintiffs ('MISC's] application [Enclosure 22] for an anti-arbitration injunction to restrain Cockett Marine from taking any further steps in the said arbitration proceedings. Encl 16 was made pursuant to s 10 of the Arbitration Act, 2005 (' AA 2005') whereas Encl 22 was pursuant to O 29, r 1 of the Rules of , 2012. ('O 29, r 1, ROC').

Brief Facts

[2] The appellant is a Singaporean company which supplies bunker fuel for shipping vessels. The respondent is a bunker supplier and is the owner of a vessel, Seri Amanah ("the Vessel").

[3] On 28 August 2018 the plaintiff invited the defendant and a number of other bunker suppliers to tender for the supply of bunkers for delivery by barge to the Vessel on 10 September 2018. A series of emails were exchanged between the plaintiff and defendant's officers on 28 August 2018 leading to the Tender being awarded to the defendant.

[4]

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top