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2018 MarsdenLR 3076

HIGH COURT MALAYA SHAH ALAM
MERAIS SBN BHD – Appellant
Versus
LAI KING LUNG & ANOR – Respondent


Table of Content
1. defendants breached fiduciary duties. (Para 1 , 2 , 6)
2. breach of fiduciary duty in handling trust monies. (Para 3 , 4 , 5 , 7)
3. witness competency determined the evidence. (Para 8 , 10 , 11 , 19 , 24)
4. claims time barred under limitation act. (Para 12 , 25)
5. claims were dismissed due to time limitations. (Para 26 , 27 , 28 , 29)

[1] The Plaintiff's claim against the 1st and 2nd Defendants is for a declaration that the Defendants had breached their fiduciary duties in handling the Plaintiff's Trust Monies and unlawfully retained the sum of RM14,936,742.39 belonging to the Plaintiff.

Factual Matrix

[2] The Plaintiff is a company and owner of 22 storey commercial building known as Menara Merais. Meanwhile, the Defendants are Advocates and Solicitors practicing under the firm Messrs Chris Lai, Yap and Partners ('the firm').

[3] Before the establishment of the firm the Plaintiff and the 1st Defendant had entered into a Consultancy Agreement dated 1 October 2005 wherein the 1st Defendant was appointed as a Legal Consultant for the Plaintiff in managing all the Plaintiff's legal affairs and company debts for a period of 2 years starting from 1 October 2005 until 30 Se

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