ARTISAN CUISINE SDN. BHD. v 1. ) CH'NG CHIN KEAT 2. ) XI LIN GE SDN BHD 3. ) CH'NG JING WEN

pa-22ncvc-46-03-2021 High Court (Mahkamah Tinggi) 15 May 2025 • PA-22NCvC-46-03/2021 • 11 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

This is the Plaintiff’s application under Enclosure 101 for leave to amend its Writ and Statement of Claim dated 9.3.2021, pursuant to Order 20 Rule 5(1), (2) and/or (5) of the Rules of Court 2012. According to the proposed amendments exhibited in Enclosure 101, the Plaintiff now seeks to amend its Statement of Claim dated 9.3.2021, inter alia, in the following respects: – [a] To add the proposed 4th and 5th defendants who are the parents of the 1st and 3rd Defendants as the new defendants. [b] To plead that the Defendants (including the proposed 4th and 5th defendants) had established the 2nd Defendant through the 1st Defendant together with the 3rd Defendant to undertake the hostile takeover of the restaurant business of the Plaintiff. [c] To delete the original claim of RM3,167,699.35 and to add new claims for loss of costs (TNB bills) amounting to RM172,273.50, Legal Fees amounting to RM50,000.00, Loss of Business Opportunity or Profit amounting to RM36,000,000.00. [d] To plead that the proposed 4th and 5th defendants were the shadow or de facto directors in the Plaintiff and were in control of all the affairs of the Plaintiff and 2nd Defendant including orchestrated the alleged hostile takeover of the restaurant business of the Plaintiff and dissipated the Plaintiff’s assets. [e] To plead that the 1st and 3rd Defendants were only the frontman for the proposed 4th and 5th defendants in the Plaintiff and 2nd Defendant. [f] To plead cause of actions of breach of trust and unjust enrichment against the Defendants (including the proposed 4th and 5th defendants).

Judges (1)

Rozana binti Ali Yusoff Delivered

Counsel (5)

Derrick Lee Firm Ismail Khoo & Assoc. Firm Lee Yen Yee Counsel Defendant Martin Khoo Counsel Plaintiff Nurul Alia Afina Binti Mohd Zaidi Counsel Plaintiff

Parties (4)

ARTISAN CUISINE Sdn Bhd Plaintiff XI LIN GE Sdn Bhd Defendant Ch'ng Chin Keat Defendant Ch'ng Jing Wen Defendant

Statutes Cited

Rules of Court 2012

Cases Cited (1)

MY (1)
[2016] 1 MLJ 30

Judgment

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Source: eJudgment (pa-22ncvc-46-03-2021)