16 Feb 2021
NESB CONSTRUCTION SDN BHD TRASPADU ENGINEERING (M) SDN BHD & SATU LAGI TRASPADU ENGINEERING (M) SDN BHD & SATU LAGI NESB CONSTRUCTION SDN BHD
- Citation
- WA-12AC-18-10/2019 & WA-B52C-25-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12AC-18-10/2019 & WA-B52C-25-07/2018 (Mahkamah Tinggi)
The High Court upheld the Sessions Court's finding of liability against the First Appellant because the trial judge properly appreciated the evidence establishing the subcontracting arrangement and payments pattern (97%-3%), and the Appellants failed to rebut the claims or prove their counterclaim; however the finding of personal liability against the Second Appellant was reversed because mere agency or alter-ego conduct in administering payments is insufficient to impose a constructive trust or personal liability absent unconscionable appropriation or pleaded legal basis; an alternative reme…