1 Jul 2020
PETRONAS CARIGALI SDN BHD 1. ) ACETIMUR DRILLING SDN BHD 2. ) YONG MEE LAN PIHAK KETIGA 1. ) JAMSARI BIN ABDUL RAHIM 2. ) EPSILON VALVIA SDN BHD 3. ) WAN MOHAMED FAUZI BIN WAN MANSOR (trading under the name of Dhiyairrina Enterprise) 4. ) R
- Citation
- WA-22NCVC-527-10/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-527-10/2017 (Mahkamah Tinggi)
On the balance of probabilities the court found the three invoices were duplicate/fictitious or unsupported, the Excess Payment was wrongfully paid and recoverable under the COSL Contract (Articles 7.11/7.12); D2 was the directing mind of D1 so the corporate veil was pierced and D2 held personally liable; the Standby Claim was released by a settlement and could not justify retention; contributory negligence and attribution of fraudulent employees' knowledge to Plaintiff did not defeat the claim; TP1 was liable for contribution/indemnity to the extent proven.