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2019 MarsdenLR 1825

COURT OF APPEAL PUTRAJAYA
OSK TRUSTEES BERHAD & ANOR – Appellant
Versus
METROPLEX HOLDINGS SDN BHD – Respondent


Petitioner Advocates:Lambert Rasa-Ratnam,Sree Harry, Sean Yeow,Aric Wong ,Respondent Advocate: M David Morais,Fiona Bodipalar, Raul Lee Bhaskaran,Khor Heng Hvow

Table of Content
1. establishes the core of the tort of conversion involving damages. (Para 1)
2. initial findings on the nature of the tort of conversion. (Para 2 , 3 , 4)
3. clarifies ownership with respect to chattels involved in the case. (Para 10 , 11 , 12)

[1] The respondent successfully sued the appellants for damages arising from the tort of conversion. As the proceedings are bifurcated on agreement of the parties, the learned judge ordered damages to be assessed after finding the appellants liable. That exercise is presently awaiting the disposal of this appeal.

Material Facts

[2] The respondent was the registered proprietor of commercial properties known as Putra Place and The Legend Resort (collectively referred to as "the Hotels"). It was also in the business of owning and operating a hospitality training business/centre ("the Leisure Business"). Under a Leisure and Office Management Agreement dated 1 October 2010 entered into between the respondent and a company known as Legend Management Group Sdn Bhd ("LMG"), the entire management, administration, marketing and operation of the Hotels and the Leisure Business was contracted to LMG for a term of eight years ("Management Agr

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