30 Apr 2024
YAU ENTERPRISE SDN. BHD. 1. ) YAU SEE KENG 2. ) YAU LEONG SEN @ YOW LEONG FATT 3. ) ALPHA VET SDN. BHD.
- Citation
- BA-22NCvC-334-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-334-08/2022 (Mahkamah Tinggi)
Plaintiff failed to discharge burden of proof on balance of probabilities: it produced no decisive documentary or direct testimony from the suppliers/customers to establish exclusivity or causation linking defendants’ conduct to loss of distributorships; expert loss calculations were unreliable and premised on unproven factual assumptions; diminution in share value was non-recoverable by the company under reflective loss principle. Consequently plaintiff’s claims were dismissed and costs ordered as each party to bear their own costs.