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2025 MarsdenLR 3267

HIGH COURT MALAYA SHAH ALAM
LEE CHIAP HAN – Appellant
Versus
NG WAH LEONG – Respondent


Petitioner Advocates:Elaine Foong Hui Ling ,Respondent Advocate: Wong Yiip Shaun

Table of Content
1. case management and submissions timeline (Para 1 , 2 , 3)
2. principles of company law and shareholder rights (Para 4 , 5 , 6)
3. plaintiff's claims and actions recounted (Para 7 , 8)
4. fiduciary duties and their application examined (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
5. counterclaims and their grounding in alleged misappropriation (Para 16 , 17)
6. court’s dismissal of claims and order (Para 18)
Elaine Yap Chin Gaik JC:

[1] This suit was filed on 16 October 2022. It came up for case management before me on 8 November 2024. Upon a review of the pleadings, this Court of its own motion, asked counsel to submit on the following question under O 14A of the Rules of Court 2012 ("Question"):

"Whether the parties' pleaded claims and counterclaims for relief in this action are entirely those that can only be properly advanced (a) by the Company against the wrongdoer as it relates to losses to the Company and (b) against the Company as it relates to salaries and other emoluments due to the parties"

The Company referred to in the Question is Epros Engineering Sdn Bhd (in liquidation) ("Company") who is not a party in the proceedings.

[2] I gave counsel two months to file writte

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