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COURT OF APPEAL PUTRAJAYA
SCK GROUP BHD & ANOR – Appellant
Versus
SUNNY LIEW SIEW PANG & ANOR – Respondent
| Table of Content |
|---|
| 1. facts surrounding company management and disputes (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. requirement and standard of proof for conspiracy to defraud (Para 13 , 14 , 15) |
| 3. arguments on funding litigation and evidence failures (Para 16 , 17 , 18 , 20 , 23) |
| 4. court's observations on lack of evidence and judicial discretion (Para 19 , 21 , 22 , 24) |
Appeal
[1] After a full trial, the Kuala Lumpur High Court dismissed with costs the claim of the appellants ("the plaintiffs"). On 31 May 2010, we heard and dismissed the plaintiffs' appeal against the decision of the High Court. We now give our grounds.
Finding Of Facts By High Court
[2] The second plaintiff is the wholly owned subsidiary of the first plaintiff.
[3] On 14 July 1997, Wong Kok Poh (PW1) and one Rita Tan resigned as directors of the first and second plaintiffs, while Sydney Lim ("Lim"), Cheong Ho Kuan ("Cheong") and Wisun Soon ("Soon") were appointed as executive directors of the first plaintiff.
[4] On 21 July 1997, one Yeoh Lam Jit ("Yeoh") was appointed as the chief executive officer ("CEO") of the first and second plaintiffs. Lim, Cheong and Soon were appointed to the board of d
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