This case pertains to a collision at Westports Terminal, Port Klang, on August 1, 2015, involving the vessel Northern Democrat, owned by NORTHERN DEMOCRATS MBH & CO KG. WESTPORT MALAYSIA SDN BHD, the port operator, alleged the collision was caused by negligent navigation by the defendant, leading to damages and losses. The defendant initially provided a security undertaking of USD 10 million through its insurer but failed to respond positively to settlement requests. WESTPORT MALAYSIA SDN BHD filed a lawsuit on March 1, 2016, citing negligence.
The legal proceedings included challenges to the service of court documents out of jurisdiction in Hamburg, Germany. The defendant argued the service was irregular due to procedural lapses, including the absence of a specified timeframe for entering an appearance in the order granting service out of jurisdiction. However, the plaintiff re-served the documents and regularized the omission.
The court ruled that the non-compliance was not prejudicial to the defendant, as they were aware of the impending legal action and had provided the Letter of Undertaking acknowledging the incident. Furthermore, the defendant’s attempts to evade service and delay proceedings were noted.
The defendant also raised additional objections related to procedural rules, including issues with affidavits and language requirements. The court dismissed these objections, noting the absence of substantial prejudice to the defendant and compliance with procedural requirements.
Ultimately, the court found the plaintiff’s actions to be valid and dismissed the defendant’s application to set aside the service. Costs were awarded to the plaintiff.
This case highlights the court’s discretion in prioritizing justice over technical procedural objections when no substantial miscarriage of justice has occurred.
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