20 Feb 2024
TOP STRATA MANAGEMENT SDN BHD PERBADANAN PENGURUSAN BUKIT DESA KONDOMINIUM
- Citation
- WA-12BNCvC-90-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-90-07/2023 (Mahkamah Tinggi)
The High Court maintained the Sessions Court’s finding that the 1st defendant is vicariously liable for the 2nd defendant’s misappropriation because the wrongful acts were closely connected with the 2nd defendant’s role as building manager and the employer’s business created the opportunity and risk; the plaintiff proved the RM 314,542.97 loss on the factual record and default judgment against the 2nd defendant reinforced that proof; contributory negligence is not a defence to fraud or to vicarious liability; appellate intervention was inappropriate as the trial findings were not plainly wron…