Malaysia Case Law: Decisions & Judgments

Topic

Nominee director

Legal area

Court

25 Oct 2024

Lembaga Kumpulan Wang Simpanan Perkerja 1. ) Ong Ching Mei 2. ) Jalaluddin Bin Mohd Jarjis PIHAK KETIGA 1. ) Yeo Wei Tien Timothy 2. ) Teo Ai Ling

Citation

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)

Court allowed Defendant 2's Order 18 application: the claim against Defendant 2 for March 2020 contributions disclosed no reasonable cause because Defendant 2 had resigned on 5.2.2020 and was not a director during the prescribed payment period for March 2020 contributions; Court refused Plaintiff's Order 14 summary judgment because disputed factual and documentary issues (effective resignation dates, nominee director status, indemnity/guarantee letters and involvement of third parties) created triable issues requiring oral evidence and full trial; costs awarded accordingly.
2 Mar 2021

PUBLIC PROSECUTOR 1. HO WAI MING 2. NGIAN YEW LEONG

Citation

WA-42LB-5-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42LB-5-02/2020 (Mahkamah Tinggi)

The High Court dismissed the prosecution appeal and upheld the Sessions Court acquittal because the prosecution failed to prove the essential elements of criminal breach of trust against the respondents; the evidence showed funds were received on director instruction, were not used personally and were returned to company accounts, and there was insufficient evidence of entrustment or dishonest misappropriation particularly as to the nominee director; appellate court will not disturb credibility findings of the trial judge absent convincing error.
2 Dec 2020

1. KHOO TENG CHUAN 2. KHOR CHUN MOOI 1. WEALTHY ACHIEVERS SDN BHD (NO SYARIKAT: 811438-A) 2. ANG KIM CHENG @ ANG TENG KOK 3. KANG CHAI 4. CHAN WAI KIT

Citation

P-02(NCVC)(W)-2180-10/2018 DIDENGAR BERSAMA P-02(NCVC)(W)-2286-11/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

P-02(NCVC)(W)-2180-10/2018 DIDENGAR BERSAMA P-02(NCVC)(W)-2286-11/2018 (Mahkamah Rayuan)

On the totality of circumstantial and documentary evidence the Court concluded WA was operated for the benefit of the five families, the 2nd defendant was the shadow director and directing mind of WA, and the transfer of the 1st plaintiff's one share to the 3rd defendant was invalid and set aside; the separate application to re-amend pleadings was correctly refused as too late and prejudicial.

Malaysia Case Law

Lembaga Kumpulan Wang Simpanan Perkerja 1. ) Ong Ching Mei 2. ) Jalaluddin Bin Mohd Jarjis PIHAK KETIGA 1. ) Yeo Wei Tien Timothy 2. ) Teo Ai Ling

PUBLIC PROSECUTOR 1. HO WAI MING 2. NGIAN YEW LEONG

1. KHOO TENG CHUAN 2. KHOR CHUN MOOI 1. WEALTHY ACHIEVERS SDN BHD (NO SYARIKAT: 811438-A) 2. ANG KIM CHENG @ ANG TENG KOK 3. KANG CHAI 4. CHAN WAI KIT