Malaysia-listed Straits Inter Logistics Berhad (SIL), the parent of Tumpuan Megah Development Sdn Bhd (TMD), on Wednesday (28 April) said its solicitors had on Tuesday, 27 April filed an application to set aside the sealed Order dated 22 March 2021 and the undated Notice of Registration of Foreign Judgment it had received earlier this month.
The documents represent an attempt by ING Bank N.V and O.W. Bunker Far East (Singapore) Pte Ltd, creditors of the company, to enforce an English Judgment for approximately USD 937,000 (exact: USD 937,353.24) with interest and cost which TMD has disputed jurisdiction.
SIL said the application was made on the following grounds:
(a) the High Court of Justice, Business & Property Courts of England & Wales had no jurisdiction to grant an order against TMD;
(b) that the enforcement of the English High Court Judgment would be contrary to the public policy in Malaysia;
(c) that the English High Court Judgment is obtained fraudulently;
(d) TMD did not receive notice of proceedings in the English High Court.
According to SIL, ING and O.W. Bunker alleged that between 17 October 2014 and 29 October 2014, TMD and O.W. Bunker Singapore entered into contracts both made “orally or by yahoo messenger” whereby O.W. Bunker Singapore agreed to supply and/ or sell to TMD 423.73 million tonnes (mt) of gas oil at a price of USD 753 per mt for delivery at the port of Pasir Gudang and 794.915 MT of gas oil at a price of USD775.50 per mt for delivery at the port of Kuantan respectively.
Related: Straits Inter Logistics to contest USD 937,000 claim from ING Bank and O.W. Bunker Far East
Photo credit: Straits Inter Logistics
Published: 29 April, 2021
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