10 Sept 2020
PROTASCO BHD 1.PT ANGLO SLAVIC UTAMA 2.TEY POR YEE 3.OOI KOCK AUN
- Citation
- WA-22NCC-362-09/2014 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-362-09/2014 (Mahkamah Tinggi)
The striking out application was dismissed. The court held the plaintiff’s claim is a distinct civil cause of action for breach of fiduciary duties and conspiracy and is not statutorily barred by AMLA: the forfeiture application had been withdrawn and the seized assets returned, s54(3) does not operate as a blanket bar to unrelated civil claims, and the plaintiff was not required to invoke s60/s61 where no forfeiture order and Gazette notice had issued; moreover the defendants’ delay in applying to strike out (application filed after trial commenced) was fatal under established authority; acc…