Ong Chee Kwan JC:

[1] This is a case involving mainly the determination of facts by the Court. It required the Court to assess conflicting testimonies of witnesses, determining their veracity and credibility, their demeanour during cross-examination, the discrepancies and inconsistencies, if any, in their evidence tested against the contemporaneous documents and the conduct of the parties, the reliability of their recollection of the events and plausibility of their stories. It also deals with the weight to be given to witnesses who have interest in the outcome of the litigation.

Background Facts

[2] Sometime on 13 January 2014 the Ministry of Home Affairs ('the Ministry') gave approval to the 2nd Defendant, Profound Radiance Sdn Bhd ('the Company') to undertake the operation of a 'One Stop Center' ('OSC') for receiving and processing applications for Malaysia visas in Dhaka, Bangladesh.

[3] When the approval was granted to the Company, the shareholders and directors of the Company were:

[4] Rosnani (the Plaintiff in this action), Fansyurina and Mazrina were all nominees of their husbands, Mahtab Hossain ('Mahtab'), Ahmad Affandi bin Hamzah ('Affandi') and Ataur Rahaman Hazi Moa