18 May 2020
DYNAMIC CURVE SDN BHD 1. ALAM SWIBER OFFSHORE (M) SDN BHD 2. AHMAD HASSANUDDIN BIN AHMAD KAMALUDDIN 3. AZMI BIN AHMAD 4. SHAHARUDDIN BIN WARNO @ RAHMAD 5. ALAM MARITIM (M) SDN BHD 6. SWIBER OFFSHORE CONSTRUCTION PTE LTD
- Citation
- 22NCC-500-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-500-09/2019 (Mahkamah Tinggi)
The claims against the directors and shareholder were struck out because they impermissibly sought to re-litigate and give effect to a consent judgment (barred by res judicata/issue estoppel), the pleadings failed to particularise allegations of fraud sufficiently as required by the rules, and there was no basis to pierce the corporate veil or to attribute personal liability to the directors or shareholder; therefore the strike out applications under O.18 r.19 were allowed as an abuse of process.