KUCHING: The Kuala Lumpur High Court has ordered PT Gemilang Raya Maritime to pay Shin Yang Shipping Sdn Bhd (plaintiff) about RM8.32 million for the sales of four vessels in 2016.
PT Gemilang (3rd defendant) was also ordered to pay interest thereon at five per cent per annum from Nov 1, 2016 until full payment as well as the plaintiff’s costs of RM50,000, subject to allocator, Shin Yang Shipping Corporation Bhd (Syscorp) said in a filing with Bursa Malaysia.
Shin Yang Shipping Sdn Bhd is a wholly-owned subsidiary of Syscorp.
However, the court dismissed the plaintiff’s claim against Ng Yew Loon (1st defendant) and Ng Seow Teng (2nd defendant) as the plaintiff had failed to establish any of its claims against the duo.
For costs, the court ordered the plaintiff to pay RM120,000 to the 1st and 2nd defendants, subject to allocator.
To recall, the plaintiff had on Sept 13, 2017 filed a claim at the North Jarkata District Court against PT Gemilang for the outstanding purchase consideration of RM6 million due and payable by the third defendant to the plaintiff arising from the sale of four vessels known as tugboat Danum 89, tugboat Danum 95, barge ship Linau 51 and barge ship Linau 52 pursuant to four respective memorandum of agreements dated Oct 1, 2016.
However, the North Jarkata district court had declined to exercise jurisdiction to hear the substance of the dispute between the plaintiff and PT Gemilang.
As a result, the plaintiff had subsequently on Feb 14, 2019 filed a suit in the Kuala Lumpur High Court against the 1st, 2nd and 3rd defendants for fraud and/ or conspiracy to commit fraud and/or conspiracy with an intent to injure the plaintiff and/or conversion and retinue of the four vessels.
Syscorp said it received the ground of judgments from its counsel Sativale Mathew Arun Advocates and Solicitors from the high court on Feb 16, 2023.
The court has also ruled that the plaintiff is now and has at all times remained the lawful owners in all respect of the four vessels, and that PT Gemilang is not had has never been the legal/or beneficial owner of the four vessels.
