18 Jul 2024
VIJAYAN A/L S. CHINNASAMI 1. ) ADVANCED OPTRONICS DEVICES (ASIA) CO. LIMITED 2. ) LU, BRIAN LONG 3. ) GENTRY LOH GUO XIONG 4. ) YUNG SIEW PENG 5. ) CHAY YIN HO 6. ) MOHD HAZMIL BIN ABU BAKAR 7. ) ADVANCED OPTRONIC DEVICES (MALAYSIA) SDN BHD
- Citation
- W-02(NCC)(W)-1684-09/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-1684-09/2022 (Mahkamah Rayuan)
The Court of Appeal upheld the trial judge's factual findings that the MOU was subject to contract and the SSA was not executed by AODA, that AODA's due diligence disclosed substantial liabilities leading to AODA's settlement of NEC's claims and a consequent settlement arrangement under which shares were transferred; the judge was not plainly wrong in finding no binding contract in terms of the MOU/SSA, rejected misrepresentation and solicitor-retainer claims, and dismissed the appellant's claims and appeal.