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2023 MarsdenLR 582

HIGH COURT MALAYA KUALA LUMPUR
TOYOTA TSUSHO (MALAYSIA) SDN BHD – Appellant
Versus
FOO TSEH WAN & ORS – Respondent


Petitioner Advocates:Lim Chee Wee,Lee Shih, Kwan Will Sen,Nathalie Ker Si Min,Chua Yi Xin ,Respondent Advocate: Alan Wong Teck Wei,Ahmad Naszuan Mohd Nasib,Cliff Siow Juan Wen

Judgement Key Points

Based on the provided document, there is no indication that the case is currently pending in the Court of Appeal. The document discusses the findings, judgments, and orders made by the High Court, including the award of damages and costs. It explicitly states that the Court has granted orders in favor of TT's claim, which suggests that the case has been decided at the High Court level. There is no mention of an appeal being filed or ongoing in the Court of Appeal. Therefore, it appears that the case is not pending in the Court of Appeal at this time.


JUDGMENT

Noorin Badaruddin J:

[1] The Plaintiff, Toyota Tsusho (Malaysia) Sdn Bhd ("TT") commenced the present suit claiming that it is a victim of a fraud masterminded by the 1st Defendant and his co-conspirators ie the rest of the Defendants by trading goods alleged to be fake plastic products known as super engineering plastics ("SEP") which caused TT to suffer loss amounting to RM179,744,989.92.

The Parties

The Plaintiff

[2] TT is a company incorporated in Malaysia. It is an international trading house and carries out the business of inter alia import, export and domestic businesses involving products such as automotive, plastic and chemical, machinery and metals. TT was incorporated in Malaysia in 1970 and is a subsidiary of Toyota Tsusho Corporation, Japan. In turn, Toyota Tsusho Corporation is listed on the Toyota and Nagoya Stock Exchanges and operates through more than 936 companies in 74 countries worldwide. The Toyota Tsusho Group of companies is a member of the Toyota Group. TT's Malaysia head office is in Kuala Lumpur while it has several offices around Malaysia, including its Johor Bahru office. The Johor Bahru office is relevant to the present claim (the "JB office") and


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