Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Duty of care (caparo)
  • 15 Feb 2023

    SNR TYRE & SERVICES SDN. BHD. MOHAMAD HALIF BIN SADON

    Citation
    BA-22NCvC-63-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-63-02/2022 (Mahkamah Tinggi)

    On the balance of probabilities Plaintiff failed to prove that Defendant unlawfully withdrew or misappropriated RM1,408,126.04 or otherwise committed deceit or mismanagement; Defendant's explanations and documentary evidence were credible for the disputed transfers, audit findings were not proven to be caused by Defendant alone (and audit findings regarding other companies were irrelevant), and Plaintiff therefore failed its evidential burden; accordingly Plaintiff's substantive claims and Defendant's counterclaim were dismissed, but the limited order to return Plaintiff's documents and asset…