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2023 MarsdenLR 54

SESSION COURT IPOH
CARSEM (M) SDN BHD – Appellant
Versus
FATIMAH NOORDIN – Respondent


Table of Content
1. defendant's employment and breach of duty. (Para 1 , 2 , 3 , 4)
2. consequences of submitting no case to answer. (Para 5 , 6)
3. defendant's duties and breaches. (Para 7 , 8)
4. evidence against defendant's misconduct. (Para 9 , 10 , 11 , 12 , 13 , 14)
5. court's assessment of evidence. (Para 15 , 16 , 17)
6. plaintiff's losses due to defendant's actions. (Para 18 , 19 , 20 , 21)
7. grounds for awarding exemplary damages. (Para 22 , 23)
8. final judgment and order. (Para 25)
Meor Sulaiman Ahmad Tarmizi SCJ:

[1] Defendant is a former Section Manager for Plaintiff. In April 2017, Plaintiff discovered irregularities in Defendant's conduct while under employment which caused her services to be terminated. Plaintiff then filed this suit against Defendant for breach of fidelity, and alternatively for fraud.

[2] Defendant denied Plaintiff's claim and filed her defence. Defendant also made counterclaim against Plaintiff for declarations and compensation. This case was fixed for trial thereafter.

[3] Plaintiff called four witnesses to prove its claim. The trial went on for seven days. After Plaintiff closed its case, Defendant elected not to call any witnesses and submitted no case

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