16 Aug 2021
PERDANA PETROLEIUM BERHAD (Formerly known as Petra Perdana Berhad) )Company No. 372113-A) 1. TENGKU DATO' IBRAHIM PETRA BIN TENGKU INDRA PETRA 2. DATIN CHE NARIZA HAJJAH HASHIM 3. WONG FOOK HENG 4.TIONG YOUNG KONG
- Citation
- W-02(NCC)(A)-1194-06/2019 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(A)-1194-06/2019 (Mahkamah Rayuan)
Respondents failed to prove Article 170 was incorporated into their contracts of appointment because there was no evidence of appointment 'on the footing of the articles' or any other material establishing incorporation; consequently Article 170 could not be enforced by them as directors. Section 289 CA2016 is permissive and does not itself provide an independent right to indemnity. The indemnity claim in respect of Suit 735 was previously adjudicated and is barred by res judicata; the 1st respondent is not entitled to indemnity for Suit 1057 because he remained liable. Therefore the High Cou…