The original action was commenced by a group of purchasers against a wound-up developer, the master chargee and end-financers. SDC acted for the master chargee that granted bridging financing to the developer to finance the development of some 316 factory units. The purchasers were individual purchasers of the units and they entered into Sale and Purchase...

Few weeks ago, I was awarded with an opportunity to assist in effecting service of Writ in Rem on a vessel (“Vessel X”) by my Master, James P. David and my Mentor, Foo Siew Yin. Initially, we obtained urgent instructions from our clients to arrest Vessel X. My Mentor was more than happy to let me join and assist her. Following clients’ instructions,...

The cover under the MSDE Clause is only limited to business interruption caused by one of the listed diseases. Hence, as Covid-19 was not listed, it is not covered. On the closure due to sanitary arrangements, this clause only applies when there is an order by a public authority requiring a closure in response to a defect in the Plaintiff’s sanitary...

Perhaps the most important amendment to COGSA is in relation to the limitation of liability of the carrier and ship. Originally, COGSA provided that a claim for cargo loss or damage will be limited to £100 per package or unit, unless the nature and value of such goods had been declared by the shipper before shipment and inserted in the bill of lading....

Pursuant to the decisions in the Court of Appeal cases of Peh Lai Huat v MBF Finance Bhd [2011] 3 MLJ 470 and Jigarlal K Doshi @ Jigarlal a/l Kantilal v Resolution Alliance Sdn Bhd & Another[ 2013] 3 MLJ 6, the accepted legal position was that in a foreclosure action, the cause of action arises upon the expiry of the Form 16D. The 12 year limitation...