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COURT OF APPEAL , PUTRAJAYA
ALAN MICHAEL ROZARIO – Appellant
Versus
MERBOK MDF SDN BHD – Respondent
| Table of Content |
|---|
| 1. establishing partnership and legal firm's stakeholder duty. (Para 1 , 2 , 3) |
| 2. defendant's appeals and defenses against judgments. (Para 4 , 5 , 6) |
| 3. court's analysis on triable issues and defense. (Para 7 , 8 , 9) |
| 4. context of the consultancy agreement and stakeholder obligations. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. liability of partners despite knowledge of wrongful acts. (Para 18 , 19 , 20 , 21) |
| 6. legal validity of agreements and partner's actions within firm's business. (Para 22 , 23 , 24) |
| 7. final judgment and dismissal of the appeal. (Para 25) |
[1] Shuhaiza binti Shuib and Alan Michael Rozario were the only two partners of the legal firm known as Shuhaiza & Partners at all material times, carrying on the business of advocates and solicitors.
[2] Merbok MDF Sdn Bhd's claim against the legal firm of Shuhaiza & Partners is for the return of the sum of RM1 million which the firm was holding as stakeholder pending the execution of an agreement.
[3] On 17 May 2007 the High Court granted summary judgment against Shuhaiza binti Shuib (1st defendant) and Alan Michael Rozario (2nd defendant) for the refund of the RM1 million.
[4] The High Court Judge fo
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