Boustead Cruise Centre Sdn Bhd v Nikmat Mujur Sdn Bhd (WA-27NCC-6-02/2023)

High Court of Malaysia11 Apr 2025

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1 ADMIRALTY IN PERSONAM NO.: WA-27NCC-6-02/2023 200101010653 (546409-M) ] S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g [40] The Plaintiff also tendered the following contemporaneous documents to establish that the damage to the piles was a direct with the link bridge: a) day of the incident, confirming that the collision had resulted in severe damage to the pile; b) the Letter of Indemnity which was executed on the same day of the incident clearly admitting to the collision with the link bridge; c) the photographs and extraction of CCTV footage taken at the time of the incident. [41] The relevant contemporaneous photographs demonstrating the condition of the link bridge and the Vessel shortly after the collision between the Vessel and the link bridge are as follows: S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g S/N qgtcud46UK3ar2nR8P77g

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 11 Apr 2025
Case number: WA-27NCC-6-02/2023
Coram: YA Dato' Ong Chee Kwan
Practice area: Full trial – damages due to negligence caused by the vessel to the link bridge of plaintiff’s terminal - application of doctrine of res ipsa loquitur, issue of causation and compensatory nature of a claim in tort – the admissibility of the expert witness – whether the 2nd defendant its master and crews, servants, agents and or employees were negligent in the navigation and or management and or control of the 2nd defendant vessel which resulted in the collision – whether the letter of indemnity signed by the 2nd defendant amounts to an admission of liability by the 2nd defendant – the damages sustained by the link bridge directly caused by impact from the vessel colliding into it
Version: Alasan Penghakiman 1
Published: 29 Apr 2025
Source ID: bb5c0baa-78e7-42e9-b76a-bda747c3fbee

Catchwords

Full trial – damages due to negligence caused by the vessel to the link bridge of plaintiff’s terminal - application of doctrine of res ipsa loquitur, issue of causation and compensatory nature of a claim in tort – the admissibility of the expert witness – whether the 2nd defendant its master and crews, servants, agents and or employees were negligent in the navigation and or management and or control of the 2nd defendant vessel which resulted in the collision – whether the letter of indemnity signed by the 2nd defendant amounts to an admission of liability by the 2nd defendant – the damages sustained by the link bridge directly caused by impact from the vessel colliding into it

Parties

BOUSTEAD CRUISE CENTRE SDN BHD - plaintiff - ejudgment_parties
1. ) NIKMAT MUJUR SDN BHD - defendant - ejudgment_parties
2. ) CCK PETROLEUM (LABUAN) LTD (Licensed as Labuan Commodity Trading Company) - defendant - ejudgment_parties

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