Muhammad Aiman Hakim bin Anuar v Anuar bin Kader & Ors

Appellant(s): Muhammad Aiman Hakim Bin Anuar

Respondent(s):

• Anuar Bin Kader
• Mohd Hairul Bin Haji Mohd Salleh
• Penolong Ketua Pengarah Kastam [Penguatkuasaan]
• Ketua Pengarah Jabatan Kastam Diraja Malaysia
• Kerajaan Malaysia

• YA Datuk Supang Lian
• YA Datuk Azhahari Kamal bin Ramli
• YA Dato' Ahmad Kamal Bin Md. Shahid

• The appellant, an importer, had 8 containers of galvanized steel pipes seized by the customs authorities.
• The appellant successfully sued for wrongful detention of the goods, obtaining a declaration and damages, including demurrage charges, for a period up to 4 April 2018.
• Subsequently, the appellant initiated a new suit seeking further demurrage charges for the period from 5 April 2018 until the containers were released on 29 July 2019, which the High Court dismissed.

• Whether the previous court findings on wrongful detention were limited to the goods inside the containers or extended to the containers themselves.
• Whether a demand for the return of the containers was a necessary element for the appellant's claim for extended demurrage charges to succeed.
• Whether the appellant had suffered actual loss to justify the claim for demurrage, considering the charges had not yet been paid to the container owner.

• The Court dismissed the appeal, affirming the High Court's finding that the appellant failed to prove the respondents' involvement in the continuous wrongful detention of the containers for the extended period.
• The Court clarified that the previous judgments only established wrongful detention of the *goods* within the containers, not the containers themselves, and the appellant had never sought an order for the containers' return.
• The Court held that the torts of conversion and detinue were inapplicable as the appellant was not the owner of the containers and had not suffered actual loss, given that the demurrage invoice remained unpaid, which would amount to unjust enrichment.