7 Jan 2021
IN STRIKE SDN. BHD. (Company No.: 614738-P) FOONG SAU HAR, DATIN (NRIC. No.: 650803-14-5188) 2. YAP KOE SIN (NRIC. No.: 890614-14-5214) 3. KOO KEE TIANG (NRIC. No.: 350327-10-5147) 4. KOO SOOK CHENG (NRIC. No.:641024-10-6994) 5. PLUS DEGREE
- Citation
- BA-22C-3-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-3-01/2018 (Mahkamah Tinggi)
Plaintiff proved on balance of probabilities the contract, performance and the company debt and thus judgment against the 5th Defendant for RM1,622,819.12; however Plaintiff failed to prove personal liability of 1st-4th defendants under any pleaded ground because there was no evidence of dishonest intent, misrepresentation or personal enrichment, two directors appointed after completion could not have defrauded, partial payments by the company negate fraudulent trading inference, s71 and quantum meruit do not apply where an enforceable contract exists, and failure of the 3rd defendant to test…