11 Apr 2023
MANOREMA KUNJAPPAN A/P P K KUNJAPPAN 1. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD 2. ) THE RAIN MAKER MGMT GROUP
- Citation
- WA-A72NCvC-773-03/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72NCvC-773-03/2022 (Mahkamah Majistret)
Plaintiff failed to prove a contractual relationship with Defendant Two and failed to discharge the burden of proof; Defendant One was trustee but had delegated management to ACAM and had no contractual obligation to return funds absent ACAM's return or proven gross negligence/wilful breach; claims against ACAM were the proper remedy and were subject to mandatory AIAC arbitration; accordingly both defendants are not liable and the plaintiff's claims are dismissed with costs.