29 Feb 2024
OTHMAN BIN MARZUKI 1. ) LOYANG EKUITI SDN BHD 2. ) BEH THING THING
- Citation
- PA-22NCvC-27-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-27-03/2023 (Mahkamah Tinggi)
Plaintiff failed to prove forgery on a balance of probabilities because the handwriting expert’s report was unreliable (no originals and unverified specimens) and recorded conversations did not constitute admissions; further, Plaintiff discovered any alleged forgery while still a director and failed to act to protect the company (breach of fiduciary duty and estoppel including his resignation letter), thus precluding his claim; the company’s counterclaim for libel succeeds because the statutory declaration was defamatory, not justified or privileged, and general damages of RM50,000 are approp…