1. ) KOH EILEEN 2. ) GDF SDN. BHD. 1. ) AZMAN BIN AHMAD 2. ) OOI SHEE KHAI

1. ) KOH EILEEN 2. ) GDF SDN. BHD. 1. ) AZMAN BIN AHMAD 2. ) OOI SHEE KHAI

The Trust Deed was valid on its face and unchallenged; the 1st defendant's statutory declaration was a clear admission and his plea of non est factum failed because the document was simple, in a language he understood, and he took insufficient precautions; evidential corroboration (double invoices and customer testimony) established misappropriation of RM211,054 and breach of fiduciary duties; the loan of RM100,000 was found to exist as a friendly loan with RM83,500 outstanding based on the SD and WhatsApp evidence; wrongful dismissal claims fall within the Industrial Court's jurisdiction; accordingly plaintiffs' claims succeeded and the 1st defendant's counterclaim failed.

Citation
WA-22NCC-520-10/2022 (Mahkamah Tinggi)
Parties
Plaintiff: KOH EILEEN; Plaintiff: GDF SDN BHD; 1st Defendant: AZMAN BIN AHMAD; 2nd Defendant: OOI SHEE KHAI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 April 2024
Case Number
WA-22NCC-520-10/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Breach of Trust; Breach of Fiduciary Duties; Debt (loan) / Judgment (high Court, Commercial Division)
Outcome
Plaintiffs' claim allowed in part; 1st defendant's counterclaim dismissed; costs awarded to plaintiffs
Legal Topics
Validity of Deed of Trust, Non Est Factum, Misappropriation/double Invoicing, Friendly Loan, Jurisdiction of Industrial Court for Wrongful Dismissal, Admission by Statutory Declaration
Source Language
Malay/English
Trusts Fiduciary Duties Company Law Employment Law Civil Procedure Contract/debt Validity of Deed of Trust Non Est Factum +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

KOH EILEEN

Plaintiff

GDF SDN BHD

Plaintiff

AZMAN BIN AHMAD

1st Defendant

OOI SHEE KHAI

2nd Defendant

Procedural Posture

Civil Suit Breach of Trust; Breach of Fiduciary Duties; Debt (loan) / Judgment (high Court, Commercial Division)

Legal Issues

  1. 1 Status and validity of the Trust Deed
  2. 2 Whether the 1st defendant breached fiduciary duties by misappropriating funds
  3. 3 Whether the 1st defendant was wrongly terminated and whether that is for this court to decide

Ratio Decidendi

The Trust Deed was valid on its face and unchallenged; the 1st defendant's statutory declaration was a clear admission and his plea of non est factum failed because the document was simple, in a language he understood, and he took insufficient precautions; evidential corroboration (double invoices and customer testimony) established misappropriation of RM211,054 and breach of fiduciary duties; the loan of RM100,000 was found to exist as a friendly loan with RM83,500 outstanding based on the SD and WhatsApp evidence; wrongful dismissal claims fall within the Industrial Court's jurisdiction; accordingly plaintiffs' claims succeeded and the 1st defendant's counterclaim failed.

Court Disposition

Plaintiffs' claim allowed in part; 1st defendant's counterclaim dismissed; costs awarded to plaintiffs

Orders

  • Judgment entered for the plaintiffs as per prayers in paragraphs 43.1 and 43.7–43.11 of the statement of claim dated 21 July 2022
  • Counterclaim by the 1st defendant dismissed