The High Court has dismissed with costs, the suit brought by Israel-based Zim Integrated Shipping Services against its former area president Igal Dafni, and Starship Carriers Pte Ltd, Starship Agencies Sdn Bhd, Charter Shipping Agencies Pte Ltd and their directors.

The Israel-registered shipping company sued Mr Dafni for failing to
adhere to his employment contract by working for competitor Charter
Shipping Pte Ltd, whilst still in its employment.

It alleged that Mr Dafni took $15,000 a month from Charter Shipping
while he was still employed by Zim. It also alleged that one of the
directors of the Starship Group, Benedict Ng, paid US$80,000 to Maxim
International, a Hong Kong- based company controlled by Mr Dafni.

Claims were also made against Starship Agencies Sdn Bhd, which acted as
agents for Zim Integrated Shipping Services and the group of companies
for their shipping business in Malaysia between 1997 and 2006. Israeli
companies are barred from doing business directly in Malaysia.

Zim claimed Starship Agencies Sdn Bhd and Starship Carriers Pte Ltd -
controlled by Benedict Ng and Rajathurai Suppiah – accepted rebates
from Westports, operators of the container terminal in Port Klang,
amounting to some RM5.6 million (S$2.3 million). These monies, Zim
said, should have been passed on to it.

Zim also claimed that Starship and its directors, Mr Ng and Mr
Rajathurai, were accessory in Mr Dafni failing to exercise his duties
while he was in the employment of Zim between 1999 and 2006. Zim also
alleged it was overcharged for trucking and depot services in Malaysia.

Justice Lai Siu Chiu dismissed all eight claims from the plaintiffs.
The court concluded that no material evidence was produced for any of
these claims.

Justice Lai made a comment pertaining to adverse inference. Adverse
inference is a position of not providing material evidence in support
of claims.

The defendants were awarded standard costs.

Zim was represented by Goh Phai Cheng, Senior Counsel and Mark Goh of
Mark Goh & Co. Mr Jude Benny of Joseph Tan Jude Benny represented
Mr Dafni and Anthony Lee of Bih Li & Lee acted for the other
defendants.

Source: Business Times Singapore

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