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2023 MarsdenLR 634

HIGH COURT MALAYA KUALA LUMPUR
SUNGEI WANG INVESTMENT LTD – Appellant
Versus
LIM HUI SENG – Respondent


Petitioner Advocates:S Selvarajah,R Ramanathan,James Lopez,Heidi Saw Ching ,Respondent Advocate: Dato Hazman Ahmad,Sng Eu Kim,Lee Tat Yew

Table of Content
1. summary of the parties involved and the factual background. (Para 1 , 2)
2. details of the breached contractual expectations and payments. (Para 5 , 6)
3. plaintiff's arguments on failure to transfer shares. (Para 8)
4. findings regarding the defendant’s conduct and the court’s determinations. (Para 10 , 15 , 16)
5. conclusion and effective orders against the defendant. (Para 19)
JUDGMENT

(Enclosure 1)

Hayatul Akmal Abdul Aziz J:

Introduction

[1] The parties are:

1.1 The plaintiff:

1.1.1 Is a company incorporated in Hong Kong with a registered business office in Malaysia; and

1.1.2 Its principal representative in Malaysia is one Tan Peng Koon (Tan), a shareholder and a director of the plaintiff.

1.2 The defendant:

1.2.1 A Malaysian individual; and

1.2.2 At the material time was a Director/Officer/Treasurer of Phil Alstron Mining Corp, Philippines (Co. No. CS201329172), (PAMC).

[2] In a nutshell, the facts are:

2.1 Sometime in 2015, the defendant offered the plaintiff, through Tan, an opportunity to partake in a mining venture in the Philippines via an equity investment by acquiring 5% shares in both PAMC and Asia Alstron Mining and Development Corp (AAMDC).

2.2 A formal agreement

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