SIOW YOON KEONG V VH ROSEN ENGINEERING BV
- Citation
- SIOW YOON KEONG V VH ROSEN ENGINEERING BV
- Court
- Malaysian court
On the undisputed facts the managing director diverted company funds (including sums due to Rosen) to personal share speculation, then obtained board ratification to validate the transactions and extracted funds to his personal advantage so that losses were borne by the company and the creditor (Rosen) was prejudiced; such conduct amounted to an intention to defraud or to conduct for a fraudulent purpose within s.304(1), and the Judicial Commissioner properly exercised his discretion to declare the director personally liable and order payment.