NAUTILUS TUG & TOWAGE SDN BHD v 1. ) Nautical Supreme Sdn Bhd 2. ) XXXX 3. ) Dato' Wan Mohamed Yaacob Bin Wan Salaidin

w-02nccw-182-01-2022 Court of Appeal (Mahkamah Rayuan) 16 January 2025 • W-02(NCC)(W)-182-01/2022 • 5 min read

Catchwords

This appeal raises two novel questions, namely: (1) if two inferences are equally open to the court from the same set of facts and these inferences do not concern the credibility of a witness, is there a rule that the court should accept the non-sinister inference and reject the sinister inference (Non-Sinister Inference Rule)?; and (2) with regard to the tort of conspiracy to injure a claimant by unlawful means, whether Malaysian courts should substitute the requirement of actual knowledge regarding the unlawful means on the part of the conspirators and accept a lower threshold of “constructive intent” as laid down by the apex courts in Canada and the United Kingdom (UK) as follows - (a) the decision of the Supreme Court of Canada in Cement LaFarge Ltd v BC Lightweight Aggregate Ltd [1983] 1 SCR 452; and (b) the joint judgment of Lord Sumption and Lord Lloyd-Jones JJSC in UK’s Supreme Court case of JSC BTA Bank v Ablyazov & Anor [2018] 2 WLR 1125.

Practice Areas

This appeal raises two novel questions, namely: (1) if two inferences are equally open to the court from the same set of facts and these inferences do not concern the credibility of a witness, is there a rule that the court should accept the non-sinister inference and reject the sinister inference (Non-Sinister Inference Rule)?; and (2) with regard to the tort of conspiracy to injure a claimant by unlawful means, whether Malaysian courts should substitute the requirement of actual knowledge regarding the unlawful means on the part of the conspirators and accept a lower threshold of “constructive intent” as laid down by the apex courts in Canada and the United Kingdom (UK) as follows

Judges (3)

Hanipah binti Farikullah Coram Mariana binti Haji Yahya Coram Wong Kian Kheong Delivered

Parties (4)

NAUTICAL SUPREME Sdn Bhd Respondent NAUTILUS TUG & TOWAGE Sdn Bhd Appellant Dato' Wan Mohamed Yaacob bin Wan Salaidin Respondent Xxxx Respondent

Case Significance

NAUTILUS TUG & TOWAGE SDN BHD v 1. ) Nautical Supreme Sdn Bhd 2. ) XXXX 3. ) ... is a Court of Appeal (Mahkamah Rayuan) decision dated January 16, 2025 (citation: w-02nccw-182-01-2022). The panel comprised Hanipah binti Farikullah, Mariana binti Haji Yahya and Wong Kian Kheong, with Wong Kian Kheong delivering the judgment.

What was the outcome of NAUTILUS TUG & TOWAGE SDN BHD v 1. ) Nautical Supreme Sdn Bhd 2. ) XXXX 3. ) ...?

NAUTILUS TUG & TOWAGE SDN BHD v 1. ) Nautical Supreme Sdn Bhd 2. ) XXXX 3. ) ... is a Court of Appeal decision dated January 16, 2025. The case was heard by Hanipah binti Farikullah. See the full judgment for details.