25 Sept 2024
XXXX 1. ) DATO SERI TIMOR SHAH RAFIQ 2. ) NAUTICAL SUPREME SDN BHD 3. ) AZIMUTH MARINE SDN BHD 4. ) NAUTILUS TUG & TOWAGE SDN BHD
- Citation
- W-02(NCC)(W)-1904-12/2020 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-1904-12/2020 (Mahkamah Rayuan)
The Court upheld the trial judge's factual finding that the alleged 'collateral understanding' was not proven and that the Shareholders Agreement's pre-emption clause precluded the transfer without NSSB's consent; on the evidence appellant procured a breach and dishonestly assisted the breach, warranting a mandatory injunction to retransfer the 100,000 NTT shares to AMSB; appellant's appointment as director was however valid.