26 Jan 2022
JATICON SDN BHD LIM YEE BOON
- Citation
- WA-22NCVC-470-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-470-08/2020 (Mahkamah Tinggi)
On the balance of probabilities the contemporaneous Board Resolution, Appointment Letter, payment records and credible witness evidence established the BMW was purchased for and remained a company asset held for use by Lim as director; there was no donative intent by OSY to transfer beneficial ownership to Lim. For the condominium, the Trust Deed and surrounding evidence showed Lim was to pay the purchase price and service the loan; she failed to do so and failed to prove ownership. Consequently Jaticon was entitled to the purchase price as damages in lieu where the car could not be returned…