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HIGH COURT MALAYA JOHOR BAHRU
DYSON MANUFACTURING SDN BHD – Appellant
Versus
LEA YUEN POK – Respondent
| Table of Content |
|---|
| 1. factual basis for breach of fiduciary duty (Para 1 , 2 , 3 , 4) |
| 2. analysis of admissions and their admissibility (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. defendant's attempt to explain financial discrepancies (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. drawn inferences from absence of evidence (Para 24 , 25 , 26) |
| 5. definition of bribe in civil law context (Para 27 , 28 , 29) |
| 6. conclusion on liability and evidence assessment (Para 30 , 31 , 32 , 33) |
Facts
[1] The Plaintiff ('P') was a multi-national manufacturing company based in the United Kingdom with a branch in Johor Bahru in which the Defendant ('DW1') was employed as a tooling manager until his dismissal.
[2] P's claim against D is for breach of his fiduciary duties/breach of trust in connection with secret profits that D (DW1) was alleged to have received from tooling suppliers during his employment with P. The claim arose out of an alleged admission made by DW1 during a meeting called by P's Chief Executive Officer ('PW2') at P's premises. The meeting was attended by PW1 (General Counsel of P), PW2 and DW1 where DW1 was alleged to have unequivocally admitted that he had
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