TOM OLE GYSLER ARPAN BIN RAPAIEE EJ JOINT VENTURE SDN BHD EJ JOINT VENTURE SINGAPORE PTE LTD WINPCS MALAYSIA SDN BHD

TOM OLE GYSLER ARPAN BIN RAPAIEE EJ JOINT VENTURE SDN BHD EJ JOINT VENTURE SINGAPORE PTE LTD WINPCS MALAYSIA SDN BHD

The court held the Deputy Registrar did not err: the assessment properly proceeded by affidavit per parties' agreement and trial record; liability findings were final and entitled the 4th Defendant to damages; the DR correctly quantified and affirmed damages of RM1,390,924.61 against the 1st Defendant for...

Source-derived case information.

Citation
WA-22IP-14-03/2014 (Mahkamah Tinggi)
Parties
Plaintiff (suing in Representative Capacity for 4th Defendant): Tom Ole Gysler; 1st Defendant: Arpan bin Rapaiee; 2nd Defendant: EJ Joint Venture Sdn Bhd; 3rd Defendant: EJ Joint Venture Singapore Pte Ltd; 4th Defendant (beneficiary of Derivative Action): WinPCS Malaysia Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2020
Case Number
WA-22IP-14-03/2014 (Mahkamah Tinggi)
Procedural Posture
Derivative Commercial Action Involving Company Law and Tort / Appeal From Deputy Registrar Decision on Assessment of Damages (assessment on Appeal)
Outcome
Appeal by 1st to 3rd Defendants dismissed; Deputy Registrar's assessment of damages affirmed; no order as to costs
Legal Topics
Breach of Fiduciary Duty, Statutory Duty Under Companies Act 1965 S132, Unlawful Interference With Business, Assessment of Damages, Derivative Action, Injunctions, Equitable/aggravated/exemplary Damages
Company Law Civil Procedure Commercial Law Tort Equity Breach of Fiduciary Duty Statutory Duty Under Companies Act 1965 S132 Unlawful Interference With Business +4 more

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Parties

Tom Ole Gysler

Plaintiff (suing in Representative Capacity for 4th Defendant)

Arpan bin Rapaiee

1st Defendant

EJ Joint Venture Sdn Bhd

2nd Defendant

EJ Joint Venture Singapore Pte Ltd

3rd Defendant

WinPCS Malaysia Sdn Bhd

4th Defendant (beneficiary of Derivative Action)

Procedural Posture

Derivative Commercial Action Involving Company Law and Tort / Appeal From Deputy Registrar Decision on Assessment of Damages (assessment on Appeal)

Legal Issues

  1. 1 Whether assessment of damages should be reheard viva voce or proceed by affidavit evidence
  2. 2 Whether plaintiff proved causation and quantum of losses attributable to defendants' breaches
  3. 3 Whether specific sums (RM1,390,924.61; SGD1,273,392.26; USD8,781,845.00) were properly substantiated

Ratio Decidendi

The court held the Deputy Registrar did not err: the assessment properly proceeded by affidavit per parties' agreement and trial record; liability findings were final and entitled the 4th Defendant to damages; the DR correctly quantified and affirmed damages of RM1,390,924.61 against the 1st Defendant for unsubstantiated director claims, SGD1,273,392.26 against the 3rd Defendant for unauthorized sales and retention of proceeds, and USD8,781,845.00 jointly and severally against the 1st to 3rd Defendants for loss of business opportunity; the defendants' appeal was dismissed with no order as to costs.

Court Disposition

Appeal by 1st to 3rd Defendants dismissed; Deputy Registrar's assessment of damages affirmed; no order as to costs

Orders

  • Dismissed the 1st to 3rd Defendants' appeal
  • Affirmed Deputy Registrar assessment: 1st Defendant to pay RM1,390,924.61 to 4th Defendant