24 Feb 2023
BAVANI A/P MUNIAND @ SUBRAMANIAM 1. ) HYM ALLIANCE SDN BHD 2. ) HANITHA DEVI A/P M KUMAR 3. ) MOHAMAD ADIB FIRDAUS BIN ZULKEFLE
- Citation
- WA-A72-66-05/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72-66-05/2021 (Mahkamah Majistret)
Court found Defendants 2 and 3 made false representations inducing Plaintiff to withdraw and invest funds; Defendant 1 was vicariously liable because the wrongful acts were closely connected to authorised duties and Defendant 1 failed to discharge its onus to prove independent contractor status or produce original employment contract (adverse inference under s114(g) Evidence Act 1950). Plaintiff entitled to damages and costs: RM60,900 plus 5% p.a. interest from judgment and costs RM3,950 and action costs RM1,000.