1. ) Good Quantum Sdn. Bhd. 2. ) Datuk Chang Kok Chuang 3. ) Right Development Activities Sdn. Bhd. v Alliance Investment Bank Berhad

wa-28pw-277-10-2021 High Court (Mahkamah Tinggi) 11 August 2025 • WA-28PW-277-10/2021 • 50 min read

16 cases cited (2 SG, 14 foreign)

Catchwords

Assessment of Damages - This Judgment arising from an order of the Court of Appeal directing damages to be accessed following its declaration that a novation agreement, a repayment agreement and a guarantee were void, invalid and unenforceable, having entered into, in breach of a collateral – The Consent Order recorded before the Federal Court; for the High Court Judge to hear the assessment of damages proceedings afresh (“Declaration”)– A Corporate Adviser in this suit had been appointed to restructure the company pursuant to a failure to repay the Facility charged under Security (“the PCB Shares”) - The obligation to repay was held deferred until the success of the Restructuring Scheme – The Repayment Agreement was subject to the condition precedent, this was the Collateral Contract found by the Court of Appeal, preclude party from any entitlement to damages, negating any of entitlement to claim ownership over the PCB Share; that the Declaration as prevailing over the consequential orders – Damages may still be accorded under some other capacity or under some equitable duty arising from tort – Claim for damages arising from the wrongful and negligent sale of the PCB Shares is not established and must be dismissed - the status quo of the parties has reverted to what existed prior to the execution of those Agreements - Issues relating to remoteness, duty to mitigate, causation and general principles on proving damages are relevant - Claims for loss or damages from the failure of the restructuring scheme must be excluded as no sufficient causal link between that failure and the alleged loss and damages. The said sum held to be repaid back to the Plaintiff as a consequence from the breach of the Collateral Contract.

Judges (1)

Ong Chee Kwan Delivered

Counsel (15)

Bell & Lee Firm Benjamin Dawson Firm Benjamin Dawson Counsel Defendant Cecil Abraham Counsel Defendant Gan Jie Ying Counsel Plaintiff Jagjit Singh Counsel Plaintiff Joshua Vijayan Dharmaraj Counsel Plaintiff Koh San Tee Counsel Defendant Muzalifah binti Shabudin Counsel Defendant Niisha Lakshme A/P Muthuvelu Mahathavan Counsel Defendant Nip Qian Rou Counsel Defendant Nur Syahmina binti Zainul Abidin Counsel Defendant Tan Cheng Kiat Counsel Plaintiff Yap Bell Herng Counsel Plaintiff Yap Bell Pung Counsel Plaintiff

Parties (4)

Alliance Investment Bank Berhad Respondent Good Quantum Sdn Bhd Applicant Right Development Activities Sdn Bhd Applicant Datuk Chang Kok Chuang Applicant

Cases Cited (16)

SG (2)

[2008] SGCA 8 [2017] SGCA 20

UK (8)

[1909] AC 488 [1987] 3 WLR 1134 [1991] 1 WLR 1421 [1991] 4 All ER 937 [1991] WLR 1421 [1994] 4 All ER 640 [2001] 1 All ER 481 [2002] 2 AC 1

MY (6)

[1989] 3 MLJ 360 [1995] 3 CLJ 639 [1997] 1 MLJ 297 [2000] 2 MLJ 353 [2016] 4 CLJ 481 [2024] 4 MLJ 684

Judgment

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Read on eJudgment

Source: eJudgment (wa-28pw-277-10-2021)