Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Account and inspection of partnership books
  • 7 Mar 2023

    1. ) MK COOLING SERVICES 2. ) KOK YOKE MEI CHONG KEK FONG

    Citation
    BA-22NCvC-435-10/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-435-10/2019 (Mahkamah Tinggi)

    Plaintiffs failed to prove on balance that the Defendant breached fiduciary duties: the court accepted Defendant's evidence that RM18,000 were personal consultancy fees, that introductions to Susej were justified by MKCS' poor reputation and suppliers' unwillingness to deal with MKCS, and that the Brand Insights claim was unrelated to JC Bar after credit notes. Consequently Plaintiffs' claim for damages failed. However, as a partner until 9.10.2019 the Defendant is entitled to statutory reliefs: an account and equal share of assets, funds and profits up to cessation; thus the counterclaim was…