Facts
In a recent Malaya High Court decision, the owner of the vessel My Ferry 2 made a claimed based on a maritime lien pursuant to Section 21(3) of the UK Supreme Court Act 1981, which applies in Malaysia pursuant to Section 24(b) of the Courts of Judicature Act 1964.(1)
The plaintiff alleged that the first defendant (tug KKD000132-T which had towed the second defendant's dumb barge Wantas 17) had collided into the plaintiff's vessel, the My Ferry 2. The plaintiff arrested the second defendant's barge, Wantas 17.
The second defendant filed an application for the following relief:
a writ
in rem (WA-27NCC-52-12/2018) and all subsequent pleadings against the owners of Wantas 17 be struck out pursuant to Order 18, Rule 19 (1) (a), (b) and (d) of the Rules of Court 2012;