ZUMATEX ENGINEERING SDN. BHD. [No. Syarikat: 545932-K] 1. CHUNG YOO HOCK 2. OCEANERGY GASES SDN. BHD. [No. Syarikat: 969942-A]

ZUMATEX ENGINEERING SDN. BHD. [No. Syarikat: 545932-K] 1. CHUNG YOO HOCK 2. OCEANERGY GASES SDN. BHD. [No. Syarikat: 969942-A]

Leave to amend was granted because the court found the application bona fide: key supporting documents and details only emerged after the court‑ordered disclosure following the earlier injunction; the proposed amendments merely particularise and supplement existing pleaded causes of action (breach of partnership...

Source-derived case information.

Citation
WA-22NCvC-619-08/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Zumatex Engineering Sdn. Bhd.; Defendant (first): Chung Yoo Hock; Defendant (second): Oceanergy Gases Sdn. Bhd.; Defendant (counterclaim Defendant): Izzuan Hairi Asfarizal bin Bahari; Defendant (counterclaim Defendant): Mayamas binti Omar; Defendant (counterclaim Defendant): Dato’ Sri Syed Nazeer bin Abdul Kareem
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2021
Case Number
WA-22NCvC-619-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for Breach of Partnership Agreement, Breach of Fiduciary Duty, Misappropriation and Related Counterclaim / Interlocutory Application to Amend Statement of Claim Under Order 20 R5 KKM 2012 Following Earlier Interim Injunctive Relief (order 29 R1(2 A) and Order 92 R4)
Outcome
Application to amend the statement of claim allowed.
Legal Topics
Amendment of Pleadings, Breach of Partnership Agreement, Breach of Fiduciary Duty, Disclosure and Forensic Accounting, Mareva Injunction, Prejudice and Costs
Contract Law Fiduciary Duties Trusts and Misappropriation Company Law Civil Procedure Injunctive Relief Amendment of Pleadings Breach of Partnership Agreement +4 more

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Parties

Zumatex Engineering Sdn. Bhd.

Plaintiff

Chung Yoo Hock

Defendant (first)

Oceanergy Gases Sdn. Bhd.

Defendant (second)

Izzuan Hairi Asfarizal bin Bahari

Defendant (counterclaim Defendant)

Mayamas binti Omar

Defendant (counterclaim Defendant)

Dato’ Sri Syed Nazeer bin Abdul Kareem

Defendant (counterclaim Defendant)

Procedural Posture

Civil Claim for Breach of Partnership Agreement, Breach of Fiduciary Duty, Misappropriation and Related Counterclaim / Interlocutory Application to Amend Statement of Claim Under Order 20 R5 KKM 2012 Following Earlier Interim Injunctive Relief (order 29 R1(2 A) and Order 92 R4)

Legal Issues

  1. 1 Whether the plaintiff’s proposed amendments to the statement of claim are bona fide
  2. 2 Whether the proposed amendments would cause prejudice to defendants and if such prejudice is compensable by costs
  3. 3 Whether the amendments would change the character of the suit

Ratio Decidendi

Leave to amend was granted because the court found the application bona fide: key supporting documents and details only emerged after the court‑ordered disclosure following the earlier injunction; the proposed amendments merely particularise and supplement existing pleaded causes of action (breach of partnership arrangement, breach of fiduciary duty, breach of trust) without changing the character of the suit; any prejudice to defendants is compensable by costs. Accordingly permission to amend was allowed and costs of RM3,500 awarded against the defendants (subject to allocator).

Court Disposition

Application to amend the statement of claim allowed.

Orders

  • Leave granted to the plaintiff to amend the statement of claim as per proposed amendments in Originating Motion 96
  • Costs of RM3,500 awarded to the defendants, subject to alocator