MUSHARAKA VENTURE MANAGEMENT SDN BHD v 1. ) LUQMAN ZULHUSNI BIN ISMAEL 2. ) HAIRUL HISHAM BIN MOHAMAD SORADI 3. ) QUANTUM DESIRE SDN BHD

wa-22ncvc-375-05-2019 High Court (Mahkamah Tinggi) 13 October 2025 • WA-22NCvC-375-05/2019

Catchwords

Assessment of damages – assessment of damages after trial on liability is a continuation of the trial. Constructive trust - it is the duty of the Court to examine whether there are circumstances that would attract the intervention of equity and if there is, even at the assessment of damages stage, the Court may impose a constructive trust for the defendant to account for his ill- gotten gains. Adverse inference – if the defendant neglects, fails or refuses to account the Court should draw an adverse inference against the defendant.

Judges (1)

Su Tiang Joo Delivered

Parties (4)

MUSHARAKA VENTURE MANAGEMENT Sdn Bhd Plaintiff QUANTUM DESIRE Sdn Bhd Defendant Hairul Hisham bin Mohamad Soradi Defendant Luqman Zulhusni bin Ismael Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-375-05-2019)