24 Dec 2024
PRO-ARC BUILDERS SDN. BHD. 1. ) TIM SEKATA SDN BHD 2. ) NASIR BIN MACHINGAL MAMATH 3. ) JASLAN BIN GALIM
- Citation
- BD-A54-7-07/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BD-A54-7-07/2024 (Mahkamah Sesyen)
The court found on the facts that the 1st Defendant acknowledged liability via the 16.03.2023 akujuanji; the cheques and payments (including payments by Maskimi Venture) show a scheme by which the 2nd and 3rd Defendants, as controllers, knowingly used the 1st Defendant as a vehicle to frustrate Plaintiff's claims against Bina Puri. That conduct amounted to fraud/fraudulent trading within s540 Companies Act 2016 and justified lifting the corporate veil to hold the directors personally liable; accordingly the Plaintiff's application to lift the veil is allowed.