Arrest Of Vessels In Malaysia - No Duty Of Full And Frank Disclosure

• Published date: 29 September 2021
• Law Firm: SKRINE
• Author: Trishelea Ann Sandosam

The Malaysian Admiralty Court in Premium Vegetable Oils Sdn Bhd v The Owners and/or Demise Charterers of The Ship or Vessel 'Ever Concord' of The Port of Zanzibar, Tanzania [2021] 9 MLJ 936 has clarified a long debated question of whether a party wishing to procure a warrant of arrest against a vessel ("arresting party") in Malaysia has a duty to make full and frank disclosure in its affidavit leading to the warrant of arrest ("arrest affidavit"). The High Court held that there is no such requirement, and that the arresting party only has to comply with the relevant provision of the Malaysian Rules of Court 2012 ("ROC 2012").

The case concerned an application by the defendant for, amongst others, the warrant of arrest to be set aside and for the vessel to be released from arrest, together with damages. The defendant alleged that the plaintiff had failed to make full and frank disclosure in its arrest affidavit, where according to defendant the plaintiff had failed to disclose material facts and misrepresented and suppressed material facts in order to obtain the ex parte warrant of arrest from the court.

High Court's analysis

After a review of the authorities, the High Court found that the position in Malaysia is the same as that in England, where the issue of a warrant of arrest is a right¹ of...