Straits Inter Logistics opts to go on bunker trial against ING Bank and O.W. Bunker

Malaysia-listed Straits Inter Logistics Berhad (SIL), the parent of bunkering firm Tupuan Megah Development Sdn Bhd (TMD), said its solicitors had on 3 June 2021 filed an Affidavit in Reply in relation to the application to set aside the sealed Order dated 22 March 2021 and the undated Notice of Registration of Foreign Judgment it had received earlier.

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.

The brief grounds of the SIL’s said Affidavit are as follows:

(a) that the English High Court had no jurisdiction to grant an order against TMD;
(b) that the English High Court Judgment is obtained by fraud;
(c) that there is no full and frank disclosure by the Judgment Creditors;
(d) that TMD did not receive notice of proceedings in the foreign court; and
(e) that the issues between Judgment Creditors and Judgment Debtor ought to be tried.

TMD, the subsidiary of SIL, has also filed a Notice of Application for the issues between Judgment Creditors and the Judgment Debtor be tried in any manner in which an issue in an action may be ordered to be tried.

The brief grounds of the said Application are as follows:

(a) that this Honourable Court ought to hear the oral and/or documentary evidence pertaining to the issues between the Judgment Creditors and the Judgment Debtor in order to decide on the Judgment Debtor’s Application to Set Aside the Order dated 22 March 2021.
(b) that it is just and reasonable for this Honourable Court to direct for a trial of the issues between the Judgment Creditors and the Judgment Debtor;
(c) that the issues between the Judgment Creditors and the Judgment Debtor require a full trial in order for there to be a full and final determination as to whether the registration of the English High Court Judgment should be set aside;
(d) that expert witness and/or expert evidence on is required to determine the issues between parties; and
(e) that the issue of whether, in the circumstances of this matter, the English High Court Judgment is obtained by fraud ought to be tried with oral and/or documentary evidence presented to be adjudged by this Honourable Court.

Related: Straits Inter Logistics files application to set aside ING Bank & O.W. Bunker Far East claim
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: 7 June, 2021