19 Aug 2024
CJ POLYMERS SDN BHD 1. ) SIM CHIN HU 2. ) MA YEW SING 3. ) MAY POLYMERS SDN BHD PENCELAH 1. ) MALAYAN BANKING BERHAD 2. ) PUBLIC BANK BERHAD PIHAK TERKILAN CIMB BANK BERHAD
- Citation
- WA-22NCC-298-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-298-07/2020 (Mahkamah Tinggi)
Claim dismissed because plaintiff materially departed from its pleaded case at trial; plaintiff failed to call key witnesses with personal knowledge giving rise to an adverse inference under s114(g) Evidence Act 1950; documentary and testimonial evidence established the transactions were known to and approved by company directors (including Kerk); no evidence of personal interest or improper purpose by the 1st defendant; s214 Companies Act 2016 protects bona fide business judgments, hence plaintiff failed to prove breach of fiduciary duty on the balance of probabilities.