29 Sept 2023
SYMPHONY LIFE BERHAD 1. ) NG YING YIING 2. ) GOH HOCK CHOY 3. ) DOA HUAT HOLDINGS SDN BHD 4. ) ERNST & YOUNG CONSULTING SDN.BHD. 5. ) Brian Wong Wye Pong
- Citation
- BA-22NCvC-36-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-36-01/2022 (Mahkamah Tinggi)
On the balance of probabilities the Court found Plaintiff failed to prove that Ng acted with mala fides or in secret beyond her remit; evidence showed GCEO and advisor were involved/aware and the acquisitions were effected through company facilities and remisier approvals; therefore Plaintiff's claims against Ng for unauthorized investments, breach of fiduciary duty and conspiracy were dismissed. The counterclaim for abuse of process failed for lack of proof. The claim against DOA Huat Holdings for RM182,073.12 under the Service Agreement was allowed.