30 Apr 2020
ZCM Minerals Sdn Bhd 1. Tan Kok Hwa 2. Tajco Industries Sdn Bhd 3. Peak More International Pte Ltd
- Citation
- JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)
Appeal dismissed because ZCM failed to prove the essential agreement between the three defendants or that the missing ore belonged to ZCM: the transport/weighing records and Tajco list were insufficient and uncorroborated, the stockpile/production sheet was not produced, brokers handled negotiations so Tajco/Peakmore lacked knowledge of Tan, payments to Tan had a credible commercial explanation, and the 1st defendant’s guilty plea did not establish a conspiracy by the others.