WAN ROHIMI WAN DAUD & ANOR vs ABDULLAH CHE HASSAN & ORS AND ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 302

COURT OF APPEAL PUTRAJAYA
WAN ROHIMI WAN DAUD & ANOR – Appellant
Versus
ABDULLAH CHE HASSAN & ORS AND ANOTHER APPEAL – Respondent

Table of Content
1. plaintiffs' claims for damages against felda and others. (Para 3 , 4 , 5 , 6 , 7)
2. defendants' defenses against plaintiffs' claims. (Para 8 , 9)
3. high court findings regarding the legal fees and payments. (Para 10 , 11 , 12 , 13 , 14 , 15)
4. core issues surrounding fiduciary duties and accounting. (Para 20 , 21 , 22)
5. confirmation of fiduciary obligations and order for accounting. (Para 26 , 27 , 29 , 30 , 31 , 34)

Vernon Ong JCA:

Introduction

[1] The two appeals herein relate to a decision of the High Court sitting in Kota Bharu which allowed part of the plaintiffs' claim whereby the defendants were required to produce particulars of each of the plaintiffs' entitlements to the judgment sum.

[2] Appeal 1850 is the defendants' appeal whilst Appeal 1881 is the plaintiffs' appeal. In this judgment, the parties shall be referred to as they were in the Court below.

The Salient Facts

[3] The 271 plaintiffs are settlers in Rancangan Felda Kemahang.

[4] The defendants are partners of a legal firm ("the Firm") which had acted for the plaintiffs to initiate proceedings against Lembaga Kemajuan Tanah Persekutuan ("Felda") and two others for damages ("the Felda Suit").

[5] On 13

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2015 MarsdenLR 302

COURT OF APPEAL PUTRAJAYAWAN ROHIMI WAN DAUD & ANOR – AppellantVersusABDULLAH CHE HASSAN & ORS AND ANOTHER APPEAL – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
WAN ROHIMI WAN DAUD & ANOR – Appellant
Versus
ABDULLAH CHE HASSAN & ORS AND ANOTHER APPEAL – Respondent