17 Jul 2023
GRAND ENERGY E & C SDN. BHD. 1. ) SHEIKH AZHAR BIN SHAIK ABDUL RAHIM 2. ) SHAIK AMAR BIN SHAIK ABDUL RAHIM 3. ) SHEIKH ANNUAR BIN SHAIK ABDUL RAHIM 4. ) MAHADZER BIN HARUN 5. ) NUR HIDAYAH BINTI ROSLEE 6. ) FMS ELEGANCE SDN. BHD 7. ) FADZWI
- Citation
- BA-22NCvC-49-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-49-01/2022 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that defendants acted in concert to injure or defraud it or breached fiduciary/fidelity duties; documentary and oral evidence did not establish unauthorized or fraudulent diversion of funds attributable to defendants; absent proof of vicarious/concerted actionable conduct and because plaintiff was the principal decision-maker and approver of payments, claims were dismissed except the court declared the three loan agreements void due to defendant non-appearance and lack of further action by plaintiff.