8 Apr 2024
1. ) KOH EILEEN 2. ) GDF SDN. BHD. 1. ) AZMAN BIN AHMAD 2. ) OOI SHEE KHAI
- Citation
- WA-22NCC-520-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-520-10/2022 (Mahkamah Tinggi)
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; ac…
- Validity of deed of trust
- Non est factum
- Misappropriation/double invoicing
- Friendly loan
- Jurisdiction of industrial court for wrongful dismissal
- Admission by statutory declaration