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31 July 2019
In The Owner of Ship or Vessel 'Lavela' v The Owner of Ship or Vessel 'Basilia',(1) the plaintiff claimed that the defendant's vessel (Basilia) had collided into the plaintiff's vessel (Lavela), which had been anchored at the Istanbul port in Turkey. To stop the plaintiff from arresting Basilia, the defendant obtained a letter of undertaking from the London Protection and Indemnity (P&I) Club, which was dated 13 February 2018.
The plaintiff initiated a collision claim in the Malaya High Court. Notwithstanding the issuance of the first letter of undertaking, the plaintiff proceeded to arrest Basilia on 15 February 2018 at the Tanjung Pelepas port in Malaysia. The defendant subsequently procured a second letter of undertaking from the London P&I Club, which was dated 20 February 2018. Basilia was released on 22 February 2018.
The defendant requested that the court:
Having considered the evidence and submissions, the court found that:
In conclusion, the court ruled that:
Further, the court ordered:
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