10 Jun 2022
Dinding Poultry Development Centre Sdn Bhd Tan Ka Buan
- Citation
- AA-22NCvC-3-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-22NCvC-3-01/2020 (Mahkamah Tinggi)
The Court found the Defendant's written admissions of receipt of commissions were voluntary (supported by contemporaneous handing over of electronic records and WhatsApp messages), the Defendant breached fiduciary duties by concealing his interest in Yong Hock and receiving secret commissions, the Defendant failed to substantiate claimed business expenses and failed to call material witness APH (invoking s114(g)), and on the balance of probabilities the Plaintiff proved entitlement to restitution; awarded RM600,236.25 with costs while refusing general damages for reputational loss.