JUDGMENT

Darryl Goon Siew Chye J:

[1] This was yet another in what now appears to be a series of legal disputes arising out of a joint venture company by the name of Nautilus Tug & Towage Sdn Bhd ("NTT").

[2] In this suit the disputes presented to court were between NTT, as the plaintiff, and one of its minority shareholders, a company by the name of Nautical Supreme Sdn Bhd ("NSSB") as the 1st defendant, and two of NTT's directors namely, the 2nd defendant Dato' Seri Timor Shah Rafiq ("Timor") and the 3rd defendant Dato' Wan Mohamed Yaacob Wan Salaidin ("Wan").

[3] NTT's allegations against the defendants in this suit were twofold. They were founded upon causes of action in the civil tort of conspiracy and breaches of directors' duties.

Background

[4] Vale Malaysia Minerals Sdn Bhd ("Vale") is a subsidiary of a large multi-national mining company known as Vale International SA. In Malaysia, the Maritime Terminal of Teluk Rubiah in Perak was one of Vale's projects. In respect of this project, Vale required the use of Harbour Tugboats to assist with the berthing and un-berthing of very large ore carriers and other vessels that would call at the Maritime Terminal.

[5] Timor is a director in