5 Aug 2025
BESTER MALAYSIA SDN BHD 1. ) TAN TEE KUNG 2. ) LEAN KOCK KUANG 3. ) BUMI NADA SETIA HOLDINGS SDN BHD
- Citation
- BA-22NCvC-211-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-211-06/2023 (Mahkamah Tinggi)
The court found insufficient direct evidence to establish that Tan committed fraud or participated in falsification, but concluded that as sole director and CEO he failed to exercise reasonable care, skill and diligence and did not make an informed business judgment under s214; accordingly he breached fiduciary duties and must account for losses paid to a supplier, less recovery, with interest and costs.