ZCM Minerals Sdn Bhd 1. Tan Kok Hwa 2. Tajco Industries Sdn Bhd 3. Peak More International Pte Ltd

ZCM Minerals Sdn Bhd 1. Tan Kok Hwa 2. Tajco Industries Sdn Bhd 3. Peak More International Pte Ltd

Appeal dismissed because ZCM failed to prove the essential agreement between the three defendants or that the missing ore belonged to ZCM: the transport/weighing records and Tajco list were insufficient and uncorroborated, the stockpile/production sheet was not produced, brokers handled negotiations so Tajco/Peakmore lacked knowledge of Tan, payments to Tan had a credible commercial explanation, and the 1st defendant’s guilty plea did not establish a conspiracy by the others.

Citation
JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ZCM Minerals Sdn Bhd; 1st Respondent/1st Defendant: Tan Kok Hwa; 2nd Respondent/2nd Defendant: Tajco Industries Sdn Bhd; 3rd Respondent/3rd Defendant: Peakmore International Pte Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 April 2020
Case Number
JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Judgment on Appeal (final)
Outcome
Appeal dismissed
Legal Topics
Conspiracy, Conversion, Ownership of Goods, Evidence of Plea, Transportation Records, Market Valuation
Source Language
Malay/English
Tort Commercial Law Evidence Conspiracy Conversion Ownership of Goods Evidence of Plea Transportation Records +1 more

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Parties

ZCM Minerals Sdn Bhd

Appellant/plaintiff

Tan Kok Hwa

1st Respondent/1st Defendant

Tajco Industries Sdn Bhd

2nd Respondent/2nd Defendant

Peakmore International Pte Ltd

3rd Respondent/3rd Defendant

Procedural Posture

Civil Appeal From Sessions Court / High Court Judgment on Appeal (final)

Legal Issues

  1. 1 Whether the 2nd and 3rd defendants conspired with the 1st defendant by unlawful means to deprive appellant of iron ore
  2. 2 Whether the missing iron ore belonged to appellant such that conversion occurred
  3. 3 Whether the 1st defendant’s guilty plea binds the other defendants or proves conspiracy

Ratio Decidendi

Appeal dismissed because ZCM failed to prove the essential agreement between the three defendants or that the missing ore belonged to ZCM: the transport/weighing records and Tajco list were insufficient and uncorroborated, the stockpile/production sheet was not produced, brokers handled negotiations so Tajco/Peakmore lacked knowledge of Tan, payments to Tan had a credible commercial explanation, and the 1st defendant’s guilty plea did not establish a conspiracy by the others.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.