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 appeal is dismissed because the Deputy Registrar correctly applied governing principles: the Plaintiff did not plead or particularise equitable, aggravated or exemplary damages, failed to prove causation and the requisite injuries or malice, and parties are bound by pleadings; therefore those heads of damages...

Source-derived case information.

Citation
WA-22IP-14-03/2014 (Mahkamah Tinggi)
Parties
Plaintiff (suing in Representative Capacity for and for the Benefit of 4th Defendant Win PCS Malaysia Sdn Bhd): Tom Ole Gysler; 1st Defendant (former Director and Shareholder of 4th Defendant): Arpan bin Rapaiee; 2nd Defendant: EJ Joint Venture Sdn Bhd; 3rd Defendant: EJ Joint Venture Singapore Pte Ltd; 4th Defendant (beneficiary Company): 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
Commercial Derivative Action Concerning Breaches of Director Duties and Unlawful Interference; Assessment of Damages / High Court Appeal From Deputy Registrar Decision on Assessment of Damages Following Substantive Judgment
Outcome
Plaintiff's appeal dismissed; Deputy Registrar's assessment of damages upheld
Legal Topics
Breach of Fiduciary Duty, Unlawful Interference With Business, Misuse of Confidential Information, Derivative Action, Injunctive Relief, Assessment of Damages, Equitable Damages, Aggravated Damages, Exemplary/punitive Damages, Pleadings and Particulars
Company Law Equity Tort Law Commercial Law Civil Procedure Breach of Fiduciary Duty Unlawful Interference With Business Misuse of Confidential Information +7 more

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Parties

Tom Ole Gysler

Plaintiff (suing in Representative Capacity for and for the Benefit of 4th Defendant Win PCS Malaysia Sdn Bhd)

Arpan bin Rapaiee

1st Defendant (former Director and Shareholder of 4th Defendant)

EJ Joint Venture Sdn Bhd

2nd Defendant

EJ Joint Venture Singapore Pte Ltd

3rd Defendant

WinPCS Malaysia Sdn Bhd

4th Defendant (beneficiary Company)

Procedural Posture

Commercial Derivative Action Concerning Breaches of Director Duties and Unlawful Interference; Assessment of Damages / High Court Appeal From Deputy Registrar Decision on Assessment of Damages Following Substantive Judgment

Legal Issues

  1. 1 Whether equitable damages, aggravated damages and exemplary damages could be awarded where not specifically pleaded; whether plaintiff proved causation and loss; whether Deputy Registrar erred in law in disallowing those heads of damages; whether parties are bound by pleadings and required particulars for punitive relief

Ratio Decidendi

The appeal is dismissed because the Deputy Registrar correctly applied governing principles: the Plaintiff did not plead or particularise equitable, aggravated or exemplary damages, failed to prove causation and the requisite injuries or malice, and parties are bound by pleadings; therefore those heads of damages were properly disallowed and the Deputy Registrar's assessment stands.

Court Disposition

Plaintiff's appeal dismissed; Deputy Registrar's assessment of damages upheld

Orders

  • Assessment Order of Deputy Registrar dated 11 March 2019 upheld
  • 1st Defendant to pay RM1,390,924.61 to 4th Defendant