Lai Kim Wa 1. ) Khiew Ju Meng 2. ) MTS Didactic Sdn Bhd 3. ) Lee Van Fang

Lai Kim Wa 1. ) Khiew Ju Meng 2. ) MTS Didactic Sdn Bhd 3. ) Lee Van Fang

Court of Appeal held High Court erred in departing from its oral findings on liability during the damages assessment and thereby denying the appellant natural justice; appeal allowed, matter remitted to High Court for re-assessment of compensation in accordance with the oral findings; costs of RM40,000 awarded to appellant (subject to usual allocator).

Citation
B-02(NCvC)(W)-1315-07/2022 (Mahkamah Rayuan)
Parties
Appellant: Lai Kim Wa; First Respondent: Khiew Ju Meng; Second Respondent: MTS Didactic Sdn Bhd; Third Respondent: Lee Van Fang
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
21 November 2024
Case Number
B-02(NCvC)(W)-1315-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Against High Court Assessment of Damages / Court of Appeal Judgment (appeal Allowed and Remitted)
Outcome
Appeal allowed; High Court order varied; matter remitted to High Court for re-assessment of compensation in accordance with oral judgment findings; costs RM40,000 to Appellant subject to usual allocator.
Legal Topics
Breach of Oral Contract, Constructive Trust, Reflective Loss Principle, Assessment of Damages, Specific Performance, Inherent Jurisdiction/functus Officio, Fraud/deceit, Conspiracy
Source Language
Malay/English
Contract Law Company Law Equity and Trusts Tort (deceit and Conspiracy) Civil Procedure Breach of Oral Contract Constructive Trust Reflective Loss Principle +5 more

Case Brief

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Parties

Lai Kim Wa

Appellant

Khiew Ju Meng

First Respondent

MTS Didactic Sdn Bhd

Second Respondent

Lee Van Fang

Third Respondent

Procedural Posture

Civil Appeal Against High Court Assessment of Damages / Court of Appeal Judgment (appeal Allowed and Remitted)

Legal Issues

  1. 1 Whether the High Court could vary findings made in its oral judgment on liability during the subsequent assessment of damages
  2. 2 Whether the appellant was entitled to 50% of the company assets or to compensation for diminution in value of shares
  3. 3 Whether the 3% commission applied to total sales of the company or only to sales personally procured by the appellant

Ratio Decidendi

Court of Appeal held High Court erred in departing from its oral findings on liability during the damages assessment and thereby denying the appellant natural justice; appeal allowed, matter remitted to High Court for re-assessment of compensation in accordance with the oral findings; costs of RM40,000 awarded to appellant (subject to usual allocator).

Court Disposition

Appeal allowed; High Court order varied; matter remitted to High Court for re-assessment of compensation in accordance with oral judgment findings; costs RM40,000 to Appellant subject to usual allocator.

Orders

  • Appeal allowed
  • Matter remitted to the High Court for re-assessment of compensation consistent with the findings in the Oral Judgment