ZAHAREN HAJI ZAKARIA vs REDMAX SDN BHD & OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1897

COURT OF APPEAL PUTRAJAYA
ZAHAREN HAJI ZAKARIA – Appellant
Versus
REDMAX SDN BHD & OTHER APPEALS – Respondent

Table of Content
1. establishing fiduciary relationships and duties applicable to directors. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. arguments from defendants emphasizing the distinction in responsibilities. (Para 21 , 22 , 27 , 28)
3. court's observations on liability and the necessity of adherence to fiduciary duties. (Para 30 , 35 , 39)
4. conclusion holding defendants accountable for fiduciary misconduct. (Para 32 , 56)

JUDGMENT

Abang Iskandar Abang Hashim JCA:

Brief Facts Of The Case

[1] Redmax Sdn Bhd ("the plaintiff") is a construction and engineering company with Class A and a Grade 7 certification from the Construction Industry Development Board and has undertaken a variety of building works for both the public and private sectors.

[2] Zaharen Haji Zakaria ("the 1st defendant") was a Director of the plaintiff for the period from 1 June 1999 until 11 January 2010. He was also the Managing Director of the plaintiff at all material times until he was sacked by the plaintiff on 11 January 2010.

[3] Abdul Rahman Mohd Tahir ("the 2nd defendant") was a Director of the plaintiff from 6 August 2007 until 21 December 2009. He was also the Finance Director of the plaintiff at all mate

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2016 MarsdenLR 1897

COURT OF APPEAL PUTRAJAYAZAHAREN HAJI ZAKARIA – AppellantVersusREDMAX SDN BHD & OTHER APPEALS – Respondent

COURT OF APPEAL PUTRAJAYA
ZAHAREN HAJI ZAKARIA – Appellant
Versus
REDMAX SDN BHD & OTHER APPEALS – Respondent