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The court made it clear that its judgment should not be construed as applicable in a case of an act of terrorism.

Eng Tou 110, a dumb barge ("Barge"), was towed by tugboat Inai Teratai 86 ("the Tug") along Sungei Loba Satubah, Sarawak when the Barge collided with the river bridge under construction by the plaintiff.