1. ) SAPPHIRE PARADE SDN. BHD. 2. ) UMS BINA SDN. BHD. 3. ) MAJU INDAH SDN. BHD. 4. ) RENTAS KEMUNCAK SDN. BHD. v 1. ) AMALAN PROJEK SDN. BHD. 2. ) REJAB BIN ABU HASSAN 3. ) JONATHAN VOO CHOON ZIE 4. ) TETUAN ARFIZI & CO 5. ) KOOKY MALAYSIA SDN. BHD 6. ) CHONG CHEE WAI 7. ) OOI KEAN YONG 8. ) ADRAIN LEE YANG MING 9. ) BONAFIDE DESIGN & CONSTRUCTION SDN. BHD 10. ) HO WAI TONG 11. ) LEE PEI CHUAN
Catchwords
Fraud vs. Simple Breach of Contract – The high evidentiary threshold required to prove fraud and conspiracy compared to the lower threshold for a simple breach of a Memorandum of Agreement and the subsequent failure of consideration. Fraudulent Misrepresentation – Allegations that the Defendants "hoodwinked" investors into a non-existent government infrastructure project – Conspiracy to Defraud – The claim that multiple parties acted in concert to secure and release commitment fees for unrelated purposes. Lifting the Corporate Veil – The pursuit of personal liability against directors (2nd and 3rd Defendants) for using the company as an "engine of fraud." – Piercing the Corporate Veil in Infrastructure Scams – Judicial criteria for holding directors personally liable for the refund of "commitment fees" when a company is used to solicit funds for a project that has no record of submission to the relevant Government Ministries. Breach of Stakeholder Duty – The wrongful release of funds by a stakeholder without valid invoices or the fulfillment of conditions precedent – The Scope of Stakeholder Liability in Commercial Contracts – Whether a stakeholder (specifically a law firm) is liable for the "wrongful release" of deposits when they act on the instructions of one party without verifying the contractual validity of the supporting invoices/claims as required by an MOA. Adverse Inference (Section 114(g) Evidence Act) – The legal consequence of a defendant's failure to testify or produce material evidence – Evidentiary Weight of Pleaded Documents Not Produced at Trial – The court’s refusal to consider letters from the Prime Minister’s Office exhibited in a Statement of Defence but not formally produced as trial exhibits, and how this impacts the proof of a "genuine" project application – Takako Sakao Principle – The extent to which a court can presume a plaintiff's version of facts to be true when a defendant "studiously refrains" from giving evidence, and the distinction between a "weak case" and a "case to answer."
Judges (1)
Parties (15)
AMALAN PROJEK Sdn Bhd Defendant BONAFIDE DESIGN & CONSTRUCTION Sdn Bhd Defendant KOOKY MALAYSIA Sdn Bhd Defendant MAJU INDAH Sdn Bhd Plaintiff RENTAS KEMUNCAK Sdn Bhd Plaintiff SAPPHIRE PARADE Sdn Bhd Plaintiff TETUAN ARFIZI & CO Defendant UMS BINA Sdn Bhd Plaintiff Adrain Lee Yang Ming Defendant Chong Chee Wai Defendant Ho Wai Tong Defendant Jonathan Voo Choon Zie Defendant Lee Pei Chuan Defendant Ooi Kean Yong Defendant Rejab bin Abu Hassan Defendant
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-679-09-2023)