Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stakeholder liability

Legal area

Court

3 Jan 2024

1. ) KHU KIM HWA 2. ) ZUL BIN MOHAMAD TETUAN S.K. SONG

Citation

JA-11ANCvC-12-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-11ANCvC-12-06/2023 (Mahkamah Tinggi)

High Court held that the garnishee, being a stakeholder with knowledge of the deceased's direction and having received full purchase price after the contingent event (sale completion), was obliged to pay RM50,000 to plaintiff1; plaintiff2 failed to prove the allegedly directed RM33,000; procedural defect in wording of the show-cause order did not defeat substantive entitlement under Order 49(1) and Rule 1A.
4 Nov 2019

WONG YEW KEE 1. ) SHRI @ INDRAN RAM A/L RAMASAMY 2. ) RESEBALINGAM A/L TANGAVELLU

Citation

BA-B52NCVC-170-05/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCVC-170-05/2017 (Mahkamah Sesyen)

On the balance of probabilities the court found the 1st defendant knowingly misrepresented Berkshire's ownership of the lands, induced the plaintiff to pay RM200,000, used the company as a facade to perpetrate fraud, and accordingly pierced the corporate veil to hold the 1st defendant personally liable to return RM200,000, pay general damages, interest and costs.