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2012 MarsdenLR 1258

HIGH COURT MALAYA KUALA LUMPUR
SIME DARBY BERHAD & ORS – Appellant
Versus
DATO SERI AHMAD ZUBAIR & ORS; TUN MUSA HITAM & ORS (THIRD PARTY) – Respondent


Petitioner Advocates:Robert Lazar,Rabindra Nathan,Rodney Gomez ,Respondent Advocate: R Mohara Krishnan,V Varunnath

Table of Content
1. nature of plaintiffs' claims against executives. (Para 1 , 3)
2. arguments for collective responsibility (Para 2)
3. breach of fiduciary duties and negligence (Para 4)
4. introduction of relevant parties and their roles (Para 14 , 15)

[1] The plaintiffs have sued the defendants for losses arising out of breach of fiduciary duties as executive directors or senior executives of one or more of the plaintiffs as well as for negligence in the discharge of duties and for unauthorised payments. It is a colossal claim made by a multinational conglomerate against its key executive directors and officers. The defendants have taken a stand that they are not liable as all their actions have been approved by the boards and committees of the plaintiffs. The defendants were merely carrying out on the base what had been approved at the board. The 1st and 2nd defendants ventured further and claimed that if indeed they are liable as claimed, then the whole board members and members of the various committees who had approved and authorised their actions are to be held liable.

[2] Perhaps it is an extension of the aphorism that he also serves who only stands and wait or more appropriatel

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