Rhodzariah Bujang FCJ (Majority):

[1] The appellant, who was the plaintiff in the suit filed in the High Court, has been granted by this Court leave to appeal against the decision of the Court of Appeal which overturned that of the High Court in respect of two interlocutory applications heard by the learned High Court Judge. The respondents were the appellant's former directors and were sued by the appellant together with a company, PT Anglo Slavic Utama ("PT Anglo"), who was named the 1st defendant in the suit and who was allegedly under the respondents' control. The 1st defendant was also a substantial shareholder of the appellant. The claim against them was premised on an alleged conspiracy by all three of them to defraud the appellant and as against the respondents it was also grounded on breaches of their fiduciary duties owed to it which had caused a substantial monetary loss of USD27 million to the appellant. That amount, which the appellant now seeks to recover from them, was the monies the appellant had paid PT Anglo and PT Anglo Slavic Indonesia ("PT ASI") for the acquisition of 76% of the total issued share capital in the latter by the appellant, which would indir