30 Aug 2021
JEBSING GROUP LIMITED [British Virgin Islands Company No.: 563184] GAMALUX OILS SDN BHD [Company No.: 875623-V]
- Citation
- WA-22NCC-122-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-122-03/2020 (Mahkamah Tinggi)
The Sale Contract was a sham, created and back-dated to disguise shareholders' advances as trade advances; contemporaneous documents (payment vouchers, investment sheets, emails and statement of account) demonstrate the monies were shareholders' advances channeled through the Plaintiff under the control of PW1; accordingly the contract is void and unenforceable and the Plaintiff is estopped from suing on it; Plaintiff's claim is dismissed and Defendant's counterclaim allowed.