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HIGH COURT SABAH & SARAWAK KUCHING
CHOON HUA TRADING CORPORATION SDN BHD & ORS – Appellant
Versus
CS MINI MARKET SDN BHD & ORS AND ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. reliefs sought in originating summons. (Para 1 , 2 , 3) |
| 2. loan agreements executed and their purposes. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. issue of due diligence and management responsibilities. (Para 22 , 38 , 62) |
| 4. no estoppel and false understanding. (Para 97 , 102) |
| 5. closure of csmm and responsibilities of directors. (Para 155 , 162) |
| 6. judgment ruling in favor of plaintiffs. (Para 186 , 189 , 190) |
Introduction
[1] There are 2 actions before the Court viz Originating Summons No KCH-24NCvC-10/4-2023(HC4) (Originating Summons) and Suit No KCH-22NCvC-19-6/2023 (Suit). Both actions were ordered to be heard together by an Order of Court dated 25 January 2024 (Enclosure 30 in the Suit).
[2] At the center of both the actions are 3 loan documents, a share subscription agreement and a supplementary agreement which were signed by the parties (save for the 5th Defendant in the Originating Summons-Companies Commission of Malaysia).
[3] By an Originating Summons dated 13 April 2024, the Plaintiffs are seeking for the following reliefs against the Defendants:
(1) A declaration that Lim Jin Wei (LJW) (NRIC No 751117-13-5409), Lim Jin Kiat (LJK)(NRIC No 80030
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