17 Nov 2023
WRP Asia Pacific Sdn Bhd 1. ) Lee Son Hong 2. ) Too Sooi Keng 3. ) KSG Engineering Sdn Bhd 4. ) TSEN KET SHUNG @ KON SHUNG 5. ) Kok Mee Yen
- Citation
- WA-22NCC-391-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-391-08/2020 (Mahkamah Tinggi)
On the balance of probabilities the Plaintiff proved D1 and D2 caused diversion of RM13,100,000 to Equatorion using fabricated documents, Equatorion was controlled/beneficially owned by D1/D2, the payments were not for supplies to the Plaintiff, and D1/D2 breached statutory and fiduciary duties; defendants' failure to testify justified adverse inference; Plaintiff suffered direct loss of RM13,100,000 plus finance charges and is entitled to equitable compensation and declarations, interest and costs.