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HIGH COURT MALAYA KUALA LUMPUR
AMBER COURT MANAGEMENT CORPORATION – Appellant
Versus
TEE SOON MANAGEMENT & ORS – Respondent
| Table of Content |
|---|
| 1. identifies the nature of the dispute regarding payments made by the management corporation. (Para 1 , 3 , 4 , 5 , 34) |
| 2. legal questions concerning the validity of the payment made to the fourth defendant. (Para 37 , 39 , 40) |
| 3. legal opinions regarding the refund authorization by the management committee. (Para 41 , 42 , 49 , 78) |
| 4. the defenses raised by the defendants against the breach of fiduciary duty claims. (Para 94 , 102) |
Introduction
[1] This is a writ action by the plaintiff management corporation against the defendants for breach of trust, breach of fiduciary duty, fraudulent misappropriation of monies and conspiracy to injure on the basis of the payment of a sum of RM2,013,778.13 made by the former management committee to the fourth defendant.
[2] At the conclusion of trial I found that the plaintiff has failed to prove its case and therefore dismissed its claim, and highlighted the main grounds for my decision. This judgment contains the full reasons for the same.
Key Background Facts
[3] The plaintiff, Amber Court Management Corporation is a management corporation incorporated under the Strata Titles Act 1985 to maintain and
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