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HIGH COURT MALAYA SHAH ALAM
TRESENERGY SDN BHD – Appellant
Versus
MOHD FAUZI YAAKOB & ANOR – Respondent


Petitioner Advocates:Adam Luqman Amdan,Mohd Munzeer Zainul Abidin ,Respondent Advocate: Yusman Che Aman

Alice Loke Yee Ching J:

Introduction

[1] The present action is to assess the damages payable to the plaintiff by the defendants for its case against both founded upon the causes of action of breach of fiduciary duties, breach of contract, tort of inducement of breach of contract as well as tort of interference.

Salient Facts

[2] The factual matrix giving rise to the plaintiff's suit briefly stated, are as follows.

[3] Ophir Production Sdn Bhd ("Ophir") is an oil and gas company. Sometime in 2016, Ophir issued a tender for the Provision of Leased Floating, Production, Storage and Offloading (FPSO) Facility whereby the successful bidder would be required to purchase a vessel and fabricate it into FPSO vessel ("FPSO Contract"). The successful bidder will also be awarded a maintenance contract in respect of the vessel ("O & M Contract").

[4] At the material time, D2 had purchased a vessel named Puteri Bangsa which met the requirements of Ophir and was suitable for use as a FPSO vessel. The vessel was then in Indonesia and would have to be towed to the Johor Port for fabrication. Parties then explored the possibility of collaborating on the FPSO Contract by way of a joint venture agreement.

[5

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