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HIGH COURT MALAYA KUALA LUMPUR
WRP ASIA PACIFIC SDN BHD – Appellant
Versus
LEE SON HONG & ORS – Respondent
| Table of Content |
|---|
| 1. filing of action and claims against directors. (Para 1 , 2 , 3 , 4) |
| 2. background of the plaintiff and defendants. (Para 5 , 6 , 7 , 8 , 9) |
| 3. defendants' denial and implications of their non-testimony. (Para 10 , 11) |
| 4. legal issues to be determined. (Para 12 , 13) |
| 5. burden of proof in civil cases. (Para 14 , 15 , 16) |
| 6. director's fiduciary duties and obligations. (Para 18 , 19 , 20 , 21 , 22) |
| 7. legal provisions on directors' conflicts of interest. (Para 23 , 24) |
| 8. no-profit rule for fiduciaries. (Para 25 , 26) |
| 9. business judgment rule for directors. (Para 27 , 28) |
| 10. judicial review of directors' decisions. (Para 29 , 30 , 31 , 32) |
| 11. court's findings on breach of fiduciary duties. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 12. compensation for breach of fiduciary duties. (Para 43 , 44) |
| 13. judgment and orders granted to the plaintiff. (Para 45 , 46 , 47) |
Introduction
[1] This action was filed on 19 August 2020 against the 1st Defendant ("D1"), 2nd Defendant ("D2") and three other Defendants inter alia, for breach of fiduciary duties, conspiracy to injure the Plaintiff by unlawful means and dishonest assistance.
[2] The Plaintiff has di
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