Malayan Banking Bhd v Punjab National Bank [2020] 1 LNS 232 (MY CA) [2020] 1 LNS 232
Court of Appeal, Malaysia Hamid Sultan bin Abu Backer JCA, Hanipah binti Farikullah JCA, Kamaludin bin Md Said, JCA 18 June 2020 KEYWORDS Letter of Credit – Strict Compliance – Tender of House Bill or Freight Forwarder’s Bill for Payment – Bank-to-Bank Reimbursement – Dispute between Confirming Bank and Issuing Bank – UCP 600 – […]
Mewah-Oils Sdn Bhd v Lushing Traders Pte Ltd [2017] 2 MLJ 592;[2018] 5 CLJ 185
Court of Appeal, Malaysia David Wong JCA, Mary Lim JCA, Harmindar Singh JCA 14 February 2017 CATCH WORDS International Trade – Bill of Lading – Misdelivery without presentation of bill – Consignee did not hold bill at time of misdelivery, but held it after that – Conversion by wrongful receipt – Conversion by continued retention […]
Sebor (Sarawak) Trading Sdn Bhd & Anor v Syarikat Cheap Hin Toy Manufacture Sdn Bhd [2003] 2 MLJ 486; [2003] 3 AMR 354; [2003] 2 CLJ 381
Court of Appeal, Malaysia Denis Ong JCA, Mohd Saari JCA, Mohd Noor Ahmad JCA 28 March 2003 KEYWORDS Bill of Lading – Misdelivery – Exclusion Clause in Bill – Effectiveness of Post-Discharge Exclusion Clause to cover liability for Misdelivery – Liability Limitation to £100 – Value not stated on the bill of lading – Hague […]
APV Hill & Mills (M) Sdn Bhd v AQ-Pacific Wide Sdn Bhd & Anor [2006] 3 MLJ 235
Court of Appeal, Malaysia Abdul Kadir Sulaiman JCA, Arifin Zakaria JCA, Richard Malanjum 14 July 2005 KEYWORDS International Trade – Breach of Sale and Purchase Contract – Meaning of ‘transshipment’ – false bill of lading FACTS Seller and buyer entered into a contract, whereby the seller was to manufacture certain equipment and ship them from […]
Vitachem (M) Sdn Bhd v Ing Hua Fu Marine Line Sdn Bhd [2014] 6 MLJ 566
Court of Appeal, Malaysia Aziah Ali JCA, Anantham Kasinather JCA, Umi Kalthum JCA 21 February 2014 KEYWORDS Bill of Lading – Dangerous Goods – Carried on Deck at Shipper’s Risk – Art. IV(6) Hague Rules – Art. III(2) Hague Rules – Bailment – Negligence FACTS A cargo of agrochemicals was shipped from Penang (in Malaysia) […]
Chong Fui Shipping & Forwarding Sdn Bhd v Steel Industries (Sabah) Sdn Bhd [2016] 5 MLJ 46
Court of Appeal, Malaysia Zaharah Ibrahim JCA, Mohamad Ariff Yusof JCA, Varghese George JCA 5 August 2016 KEYWORDS Bill of lading – Art. III(6) Hague Rules, one-year time limit – s. 29 of Contracts Act 1950 – Validity of statement or clause incorporating the Hague Rules into bill of lading, pursuant to legal requirement – […]
Minmetals South-East Asia Corp Pte Ltd v Nakhoda Logistics Sdn Bhd [2018] MLJU 859
Court of Appeal, Malaysia Tengku Maimun JCA, Nallini Pathmanathan JCA, Zabariah Yusof JCA 11 July 2018 KEYWORDS House bill of lading – Non-delivery – Misdelivery – Application of Hague Rules Art. III(6) one-year time limit to non-delivery or misdelivery cases – Assessment of damages by fair market value of cargo at destination port at time […]
Port Swettenham Authority v Twwu-Co (M) Sdn Bhd [1975] 2 MLJ 73
Federal Court, Malaysia LP, Lee Hun Hoe CJ (Borneo), Kuala Ali FJ 8 March 1975 On Appeal to PC, PC dismissed the Appeal: Port Swettenham Authority v TW Wu and Co (M) Sdn Bhd [1978] 2 MLJ 13 KEYWORDS Bailment for reward – Burden on Bailee to prove no-negligence – Appeal court slow to interfere […]
Port Swettenham Authority v The Borneo Co (Malaysia) Sdn Bhd [1975] 2 MLJ 80
Federal Court, Malaysia Suffian LP, Lee Hun Hoe CJ (Borneo) And Ali FJ 3 August 1975 KEYWORDS Bailment for reward – Burden on Bailee to prove no-negligence – Appeal court slow to interfere with finding by trial court of lack of care FACTS AND DECISION A cargo comprising 173 cartons of tees and soothers were […]
Tithes Dental & Photo Supply Sdn Bhd v Empresa Lineas Maritimes Argentinas & Ors [1977] 2 MLJ 13
Federal Court, Malaysia Lee Hun Hoe Ag LP, Ali Ag CJ (Malaya) And Raja Azlan Shah FJ 14 February 1977 KEYWORDS Bailment – Action by cargo owner against port warehouse operator – burden on bailor to prove the condition of goods at the time of receipt by the bailee, then burden shifts to bailee to […]