HIGH COURT MALAYA KUALA LUMPUR
YEOW PUE TEONG & ORS – Appellant
Versus
SEAH JEN YEW – Respondent
| Table of Content |
|---|
| 1. allegations of breach of fiduciary duty. (Para 2 , 4 , 5 , 7 , 11) |
| 2. defendant's denial and proof burden. (Para 3 , 6 , 8 , 10 , 12) |
| 3. court's analysis of no case submission. (Para 9) |
Introduction
This is an appeal by the appellants/plaintiffs against the decision of the learned Session Judge given on 9.12.09 dismissing with costs the appellants' claim against the respondent/defendant.
The Appellants Claim
As pleaded in paragraph 15 of the statement of claim, the appellants' claim against the respondent is for the payment of RM120,974.38 being losses and expenses incurred in relation to the following items:
Defence
The respondent denied all the allegations made by the appellants and put the appellants to strict proof.
Facts Of The Case
The appellants' case as pleaded in the statement of claim is this. The respondent was a 30% shareholder and director in the 2nd appellant's company. As a director of the company, the respondent undoubtedly owed a duty to act honestly, bona fide and to render a true and full account of all monies collected for and on behalf of the said company. In breach of these duties, whilst he was a director of the company, the r
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