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2024 MarsdenLR 1123

COURT OF APPEAL PUTRAJAYA
MARIANA YAHYA, JCA
QUEENSWAY NOMINEES (ASING) SDN BHD & ORS – Appellant
Versus
ISM SENDIRIAN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Gopal Sreenevasan,Celine Chelladurai,Michelle Chew,Melody Tan Kar Yen,Kelviin Manuel Pillay ,Respondent Advocate: Tan Sri Cecil Abraham,Dato' Sunil Abraham,Mohd Irwan Ismail,Polwin Sua Shiang Nian,Yap Jing Wen

JUDGMENT

Mariana Yahya JCA:

Introduction

[1] The present Civil Appeal No W-02(NCC)(W)-1220-07/2019 (Appeal 1220) and Civil Appeal No W-02(NCC)(W)-1341-07/2019 (Appeal 1341) are related appeals. Both appeals arise from the judgment of the High Court dated 21 June 2019.

[2] The Appellants (the Defendants) in Appeal 1220 are appealing against the whole decision of the High Court in allowing the Respondents (ISM Sdn Bhd - the Plaintiff) in 5 Civil Suits filed pursuant to s 181 of the Companies Act 1965 which were later consolidated into one suit. The 5 Civil Suits at the High Court namely:

a) WA-22NCC-68-02/2016;

b) WA-22NCC-69-02/2016;

c) WA-22NCC-70-02/2016;

d) WA-22NCC-71-02/2016; and

e) WA-22NCC-72-02/2016;

[3] Whereas the Appellant (ISM Sdn Bhd - the Plaintiff) in Appeal 1341 filed an appeal against part of the High Court 's decision that allowed only part of the damages sought by ISM in the statement of claim. ISM Sdn Bhd appeals on the remaining reliefs that were not granted by the learned High Court Judge as follows;

i. Reliefs in the Amended Statement of Claim in paragraphs 250(2), (3), & (b), 5(a) & 6 (a, b, c & d), 7 (a, b, c, d & e) and 9(c) in KLHC Suit WA-22NCC-68-02/2016

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