17 Nov 2020
JAYA SUDHIR A/L JAYARAM 1. DATO' SERI TIMOR SHAH RAFIQ 2. NAUTICAL SUPREME SDN BHD 3. AZIMUTH MARINE SDN BHD 4. NAUTILUS TUG & TOWAGE SDN BHD
- Citation
- WA-22NCC-165-05/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-165-05/2017 (Mahkamah Tinggi)
On the evidence and contemporaneous documents the court found the alleged Collateral Understanding unproven; the Shareholders Agreement governed transfers and pre-emption rights applied; Sudhir knowingly procured and dishonestly assisted AMSB's breach of the Shareholders Agreement and associated fiduciary duties; therefore equitable relief in the form of mandatory retransfer of the 100,000 NTT shares to Azimuth Marine (AMSB) was ordered and Sudhir's other declarations failed, except his appointment as director of NTT was valid.