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Cases

FIMBANK PLC v. PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL "NIKA" KINI DIKENALI SEBAGAI "BAO LAI"
Federal Court, Putrajaya
Nallini Pathmanathan, Mary Lim Thiam Suan, Rhodzariah Bujang FCJJ
[Civil Appeal No: 02(i)-31-04-2023(W)]
16 October 2023
[2024] 1 MLRA 282

JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] The issue before the Federal Court concerns the number of times an admiralty writ in rem may be renewed. In this jurisdiction, the renewal of a writ is governed by O 6 r 7 of the Rules of Court 2012 ('the Rules'). More particularly, O 6 r 7(2) of the Rules expressly provides that the validity of a writ in an admiralty action may be extended five times where efforts to serve the writ on a defendant have been unsuccessful.

[2] The instant appeal turns on whether the court may exercise its inherent powers to renew a writ in rem beyond the fifth time to prevent injustice to a plaintiff where the service of the writ is an impossibility. Both the courts below were of the view that they could not override the express terms of O 6 r 7(2) of the Rules to renew a writ in rem for the sixth time even in a situation where the writ could not be served through no fault of the plaintiff.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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