12 Mar 2021
1. KHALEK BIN AWANG 2. ZAKHIRAH @ ZAMARIAH BTE MOHD ZABIDI KOPERASI PERUMAHAN KLUANG BERHAD
- Citation
- C-02(NCVC)(W)-554-03/2019 & C-02(NCVC)(W)-555-03/2019 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- C-02(NCVC)(W)-554-03/2019 & C-02(NCVC)(W)-555-03/2019 (Mahkamah Rayuan)
On the balance of probabilities the cumulative circumstantial evidence established that the second and third defendants (partners of Tetuan Khalek Awang & Associates) were complicit in DSN's scheme and made fraudulent misrepresentations and negligent statements; those torts caused the plaintiff's foreseeable losses including the sum later paid to Pravest, and therefore the defendants are liable to compensate the plaintiff for proven losses; other claims (broker commissions, aggravated and exemplary damages) were not proven or were rightly refused.