28 Mar 2023
1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti
- Citation
- WA-22NCC-17-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-17-01/2021 (Mahkamah Tinggi)
A One Piling alone had standing to sue under the operative 2nd LOA; Blue Seal admitted supplying non-Class 'O' PU panels and the plant was unusable, constituting breach of the 2nd LOA. Plaintiffs' fraud/deceit claims were dismissed because plaintiffs had affirmed the contract rather than rescinding it and failed to prove pre-contract dishonesty with required particularity. Directors (2nd-5th) and the 6th Defendant were not held personally liable; corporate veil not lifted absent proven fraud. Evidence and expert testimony supported rectification costs and overpayment refund; defendants' elect…