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Shearn Delamore & Co’s rich history and heritage reflects the story of Malaysia over the past century. The seeds of the firm were planted around the…
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Shearn Delamore & Co | Malaysia | 21 Sep 2021

Transition from Libor

In 2017, the UK Financial Conduct Authority announced that it would no longer be necessary to persuade or compel banks to submit the rates required to calculate the London interbank offered rate (Libor) after 31 December 2021. This article discusses the implications of the cessation of Libor and looks at what it might mean for entities in Malaysia.
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Shearn Delamore & Co | Malaysia | 14 Sep 2021

Now you see me, now you don't: what can be done if a bank fraudster's identity is unknown?

In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021. It is hoped that the principles set down in these......
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Shearn Delamore & Co | Malaysia | 16 Jun 2021

What constitute good reasons for an order to sell a vessel pendente lite?

Pursuant to the Rules of Court 2012, the high courts have inherent jurisdiction to order the appraisement and sale pendente lite of a vessel arrested by a high court sheriff as security for a plaintiff's claim. It is trite law that the court will not make an order for sale pendente lite without good reason. This article examines the basis for such an order which was recently issued by a high......
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Shearn Delamore & Co | Malaysia | 27 Jan 2021

Can interveners apply to set aside a warrant of arrest of a vessel on non-traditional grounds?

In a recent case, the Admiralty Court considered whether, in an admiralty action, an intervener (ie, a party other than the proper defendant) can apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The court's decision shows that it has the inherent power to lift, discontinue or set aside a warrant of arrest on account of the arresting party's failure to comply with......
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Shearn Delamore & Co | Malaysia | 9 Dec 2020

High court dismisses application for relief in maritime collision claim

In a recent maritime claim following a collision, the Malaya High Court dismissed the second defendant's application for relief based on, among other things, uncertainty surrounding the identity of the tug involved in the accident. The court found that the determination of which party was liable for the accident was a question of fact to be determined at trial.
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Shearn Delamore & Co | Malaysia | 2 Dec 2020

High court settles dispute regarding confiscated diesel following ship arrest

A recent high court decision concerned an application with regard to the vessel MT Abbas, which had been arrested under the Merchant Shipping Ordinance. The court examined whether the respondents had jurisdiction over the controlled article which the second respondent had confiscated, whether the applicant was the owner and operator of the vessel in question and whether the respondents had......
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Shearn Delamore & Co | Malaysia | 8 Jul 2020

Discharging cargo from ships that are under arrest

Malaysian law permits the discharge of cargo on board a ship that is under arrest when the cargo itself is not. The discharge of the cargo will be at the expense of the intervener that asserts its rights over the cargo – namely, the cargo interest. Applications of this nature are usually filed and heard on an urgent basis by way of a certificate of urgency.
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Shearn Delamore & Co | Malaysia | 8 Apr 2020

Instructions for ship managers and seafarers in wake of COVID-19 pandemic

In the wake of the World Health Organisation's declaration that COVID-19 is now classified as a pandemic, the Malaysian Marine Department (MMD) has issued instructions to shipowners, shipping agents, masters, seafarers, port operators, recognised organisations and the maritime industry. This article examines the MMD's instructions in detail.
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Shearn Delamore & Co | Malaysia | 13 Feb 2020

Court discharges interim injunctions granted pursuant to Section 11 of Arbitration Act

The high court recently set aside interim injunctions which had been granted pursuant to Section 11 of the Arbitration Act 2005 following an inter partes hearing. With this decision, the high court has confirmed that interim injunctions granted pursuant to Section 11 of the Arbitration Act may be set aside on evidence of suppression of material facts leading to the grant of the interim......
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Shearn Delamore & Co | Malaysia | 8 Jan 2020

Court of Appeal overturns High Court decision on breach of contract of carriage

The Court of Appeal recently overturned a High Court decision regarding the alleged breach of a contract of carriage. The plaintiff claimed that the carrier had failed to deliver the contracted goods when the original bills of lading had been presented and that this amounted to a fundamental breach of the underlying contract. Although the High Court had held that the defendant-carrier had not......
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