The Owners and/or Demise Charterers of the Ship "Edzard Schulte" v The Owners and/or Demise Charterers of the Ship "Setia Budi" - High Court of Malaya at Kuala Lumpur (Ong Chee Kwan J) - 2 August 2023

Admiralty - Insolvency - Allision - Maritime lien - Defendants subject to statutory restraining order - Whether restraining order prevented continuation of action in rem - Effect on action in personam

On 12 January 2021 the vessel Edzard Schulte, at the time stationary and at anchor at the inner anchorage at the port of Kuantan, sustained damage from an allision. The tug Setia Budi, in conjunction with the tug Setia Fajar, was towing the accommodation barge Setia Station 2. The claimants, the owners or demise charterers of Edzard Schulte, contended that all three Setia vessels drifted towards Edzard Schulte in unison, and at 11.32 Setia Station 2 allided with Edzard Schulte.