KENNETH CHOONG YEW PHING v 1. ) YAP BENG LEE 2. ) YAP HOCK BENG 3. ) YAP BENG LEN SDN BHD 4. ) KHOR TOONG YEE 5. ) CHENG HENG JEM 6. ) LION TIN SDN BHD 7. ) WELL HAI SHENG SDN BHD
Catchwords
ABSTRACT This case concerns a post-trial discovery dispute in a joint venture matter. After judgment ordering the First and Second Defendants to account for misappropriated funds from YBL Sand Sdn Bhd, the Plaintiff sought extensive additional discovery. The court found the defendants had substantially complied with existing orders by providing the required accounting documents within the deadline. The Plaintiff's expanded application was dismissed as it improperly sought discovery beyond the judgment's scope, including from dismissed defendants and a non-party. The court held this constituted abuse of process and an impermissible collateral attack on final determinations. KEYWORDS Post-trial discovery - breach of fiduciary duty - accounting of profits – misappropriated funds – compliance - abuse of process; scope of court orders
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-23ncvc-46-07-2020)