WONG YEW KEE 1. ) SHRI@INDRAN RAM A/L RAMASAMY 2. ) RESEBALINGAM A/L TANGAVELU

WONG YEW KEE 1. ) SHRI@INDRAN RAM A/L RAMASAMY 2. ) RESEBALINGAM A/L TANGAVELU

On the evidence the 1st Defendant knowingly misrepresented Berkshire's title and concealed the ownership dispute with Nafilco, thereby fraudulently inducing payment of RM200,000; res judicata did not bar the claim because prior judgment was against Berkshire and proceedings against the 1st Defendant were not determined; piercing the corporate veil was unnecessary to establish the 1st Defendant's personal liability; RM200,000 refund stands and RM30,000 general damages were vacated.

Citation
BA-12BNCVC-87-11/2019 (Mahkamah Tinggi)
Parties
Appellant / 1st Defendant: SHRI @ INDRAN RAM A/L RAMASAMY; Respondent / Plaintiff: WONG YEW KEE; Company / Co Defendant: Berkshire Hatherley Capital Sdn Bhd; 2nd Defendant: Resebalingam A/L Tangavelu; Adverse Proprietor in Related Proceedings: Nafilco Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2020
Case Number
BA-12BNCVC-87-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Appeal After Full Trial
Outcome
Appeal dismissed in part; liability for fraud affirmed; award of RM200,000 reinstated; RM30,000 general damages set aside; costs of appeal awarded to Plaintiff.
Legal Topics
Fraudulent Misrepresentation, Res Judicata, Lifting of the Corporate Veil, Damages, Stakeholder Deposits
Source Language
Malay/English
Contract Tort Company Law Civil Procedure Equity Fraudulent Misrepresentation Res Judicata Lifting of the Corporate Veil +2 more

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Parties

SHRI @ INDRAN RAM A/L RAMASAMY

Appellant / 1st Defendant

WONG YEW KEE

Respondent / Plaintiff

Berkshire Hatherley Capital Sdn Bhd

Company / Co Defendant

Resebalingam A/L Tangavelu

2nd Defendant

Nafilco Sdn Bhd

Adverse Proprietor in Related Proceedings

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Appeal After Full Trial

Legal Issues

  1. 1 Whether the 1st Defendant was liable for fraud and fraudulent misrepresentation inducing payment of RM200,000
  2. 2 Whether res judicata barred the Plaintiff's claim against the 1st Defendant
  3. 3 Whether it was necessary or permissible to lift the corporate veil to make the 1st Defendant liable

Ratio Decidendi

On the evidence the 1st Defendant knowingly misrepresented Berkshire's title and concealed the ownership dispute with Nafilco, thereby fraudulently inducing payment of RM200,000; res judicata did not bar the claim because prior judgment was against Berkshire and proceedings against the 1st Defendant were not determined; piercing the corporate veil was unnecessary to establish the 1st Defendant's personal liability; RM200,000 refund stands and RM30,000 general damages were vacated.

Court Disposition

Appeal dismissed in part; liability for fraud affirmed; award of RM200,000 reinstated; RM30,000 general damages set aside; costs of appeal awarded to Plaintiff.

Orders

  • Appeal dismissed on issue of liability
  • Award of RM200,000 as refund to Plaintiff affirmed