22 Dec 2020
Sim Keng Siong Lean Kock Kiang Lee Sek Ang Forward Resources & Construction Sdn Bhd
- Citation
- BA-22NCVC-459-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-459-09/2018 (Mahkamah Tinggi)
On the balance of probabilities the court accepted Lean's evidence (corroborated by contemporaneous messages and documents and witness demeanour) that Sim represented he had majority shareholder support and induced payment of RM2,500,000; that representation amounted to negligent misstatement and, alternatively, the payment constituted money had and received due to total failure of consideration; fraud was not proved; remedies awarded were repayment of RM2,500,000 with interest and an injunction against disclosure of confidential information; other heads (professional fees, aggravated/exempla…