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HIGH COURT MALAYA SHAH ALAM
PORT KELANG AUTHORITY – Appellant
Versus
PHANG OI CHOO @ PHANG AI TU; G GNANALINGAM & ORS (THIRD PARTIES) – Respondent
| Table of Content |
|---|
| 1. the foundational facts of the case elucidate the administrative actions leading to alleged mismanagement. (Para 1 , 2) |
| 2. the nature of the claims revolve around fiduciary duties breached by the general manager. (Para 3 , 4 , 5) |
| 3. consequences of a submission of no case to answer. (Para 6 , 7) |
| 4. the court observed procedural remedies related to third-party disputes and contributed liability. (Para 8 , 9 , 10 , 11 , 12) |
| 5. the court ruled on adverse inferences drawn from the defendant's submission. (Para 15 , 16 , 94) |
[1] This claim, which was commenced way back in 2009, by the Port Klang Authority ('PKA') is against the PKA's erstwhile General Manager ('GM'), one Datin Paduka Phang Oi Choo @ Phang Ai Tu ('OC Phang') for several alleged breaches of duties which allegedly caused losses to the Authority amounting to some RM4 billion.
Agreed Facts
[2] In order to appreciate the basis and background of the Plaintiff ('PKA')'s claim, it would be useful to reproduce in full the Statement of Agreed Facts acknowledged by both parties:
(1) The Plaintiff, Port Kelang Authority ('PKA'), is a statutory corporation under the jurisdiction of the Ministry of Transport ('MOT'). PKA was
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