17 Aug 2021
DEMETER O&G SUPPLIES SDN BHD DATUK STEPHEN DUAR TUAN KIAT (AS JUDICIAL MANAGER OF SCOMI OILTOOLS SDN BHD AND SCOMI KMC SDN BHD)
- Citation
- 22NCC-276-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-276-06/2021 (Mahkamah Tinggi)
The court held the judicial manager is an officer of the court and leave was required but not obtained; the defendant had validly disclaimed personal liability under s416(2) CA 2016; the pleaded contract did not establish the necessary certainties for a constructive trust and the plaintiff itself treated its claim as an unsecured debt (proof of debt filed); the plaintiff failed to plead with necessary particularity any duty of care owed by the judicial manager; consequently the claim against the defendant was plainly unsustainable and an abuse of process and was struck out with costs.