2 Jul 2020
PERMAI IHSAN SDN BHD 1. ) 1. TONG YUN MONG [as Director of Beverly Heights Resources Sdn Bhd] 2. ) 2. CHOONG YUEN KEONG @ TONG YUEN KEONG [as Director of Beverly Heights Resources Sdn Bhd] 3. ) 3. BEVERLY HEIGHTS RESOURCES SDN BHD
- Citation
- WA-22C-69-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-69-09/2019 (Mahkamah Tinggi)
The strike‑out application failed because the Statement of Claim, read on its face, discloses arguable causes of action (including trust/constructive trust allegations) against the directors; material questions of fact and law (interpretation of Clause 30.6, existence of trust, conduct of directors, and scope of adjudication) require full trial; res judicata did not bar the claims against directors who were not parties to the adjudication; the case is not plainly or obviously unsustainable.