Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Darin 3. ) Gan Jia Swee 4. ) Jabatan Peguam Negara
wa-22ncc-524-10-2020 High Court (Mahkamah Tinggi) 16 October 2025 • WA-22NCC-524-10/2020 • 29 min read
12 cases cited
(1 SG, 11 foreign)
Catchwords
Company Law — Derivative action — Directors — Fiduciary duties — Breach of duties — Sections 213 and 218 of the Companies Act 2016 — Whether director breached duties by diverting corporate opportunities, assets, and business to a competing entity — Use of forged documents and non-disclosure to co-shareholder — Whether conduct was oppressive, unfairly prejudicial, or in breach of duty of fidelity— Companies Act 2016, s.213, s.218, & s.351. Company Law — Derivative action — Officers — Senior employees — Duty of fidelity — Whether senior managers, entrusted with strategic roles and confidential information, owed fiduciary duties — Participation in a scheme to divert employer's business to a new company — Knowing assistance in breach of director's duties — Liability as accessories — Whether senior officers acted honestly and reasonably — Whether court ought to excuse breach — Defence rejected for knowing participation in a scheme detrimental to the company — Companies Act 2016, s.581. Damages — Compensation — Loss of profits — Assessment of damages for breach of fiduciary duty — Use of historical profit averages as a benchmark for past and future losses — Compensation for assets transferred at a gross undervalue — Loss of goodwill — Exemplary damages — Applicability in breach of fiduciary duty cases — Whether defendant's conduct was cynical, calculated, and merited punishment — Principles in Rookes v Barnard [1964] AC 1129 applied — Award to punish wrongdoer and deter others.
Practice Areas
Judges (1)
Counsel (15)
Brendan Siva Firm Wong & Partners Firm YN Foo & Partners Firm Brendan Navin Siva Counsel Defendant Christal Wong Ai Mei Counsel Plaintiff Dhinesh Bhaskaran Counsel Plaintiff Eddie Chuah Seong Eng Counsel Defendant Foo Yet Ngo Counsel Plaintiff Jesryna Rajes Patel Counsel Plaintiff John Heng Counsel Plaintiff Kiran Dhaliwal Counsel Plaintiff Mak Ming Jie Counsel Defendant Robert Lazar Counsel Defendant Sofia Asyikin Binti Mohd Kamil Counsel Defendant Toi Tee Toen Counsel Defendant
Case Significance
Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari... is a High Court (Mahkamah Tinggi) decision dated October 16, 2025 (citation: wa-22ncc-524-10-2020). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari...?
Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari... is a High Court decision dated October 16, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Statutes Cited
Companies Act 2016 (Cap 777)
s 351 s 581
Cases Cited (12)
SLR (1)
[2012] 4 SLR 308
UK (1)
[1964] AC 1129
MY (10)
[1993] 2 MLJ 76 [2000] 2 MLJ 353 [2006] 3 CLJ 837 [2009] 4 MLJ 610 [2019] 2 MLJ 379 [2020] MLJU 1466 [2020] MLJU 1645 [2020] MLJU 1926 [2023] 4 MLJ 792 [2025] MLJU 3115
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-524-10-2020)