XXXX v 1. ) RAMLI BIN MD SALEH 2. ) KHAIRUL YUSRI BIN MOHD YAACOB 3. ) MOHD ZULKIFLI BIN SAID 4. ) TALAM TRANSFORM BERHAD

w-02nccw-570-04-2020 Court of Appeal (Mahkamah Rayuan) 26 May 2024 • W-02(NCC)(W)-570-04/2020

Catchwords

Section 304 of the Companies Act 1965 - a tenancy agreement - to operate a budget hospital on the property - wrongful termination of the tenancy - substantial loans were given - a contingent or prospective creditor - consent judgment was entered by fraud - no intention of honouring the consent judgment - preliminary issue in respect of the grounds of judgment - no appreciation of the entire body of evidence - a non-speaking judgment - shadow director – lifting a corporate veil - parties are bound by their pleadings - intent to defraud - non-disclosure of the liability - the waiver or write off debt - no proof of the act of dishonesty - the absence of evidence of conspiracy -

Judges (3)

Lim Chong Fong Coram Mariana binti Haji Yahya Delivered Ravinthran a/l Paramaguru Coram

Parties (4)

TALAM TRANSFORM BERHAD Respondent Khairul Yusri bin Mohd Yaacob Respondent Mohd Zulkifli bin Said Respondent Ramli bin Md Saleh Respondent

Judgment

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Source: eJudgment (w-02nccw-570-04-2020)