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HIGH COURT MALAYA KUALA LUMPUR
MOHD YUSOF BAJURI – Appellant
Versus
WARGA EDARAN SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of parties and wrongful transactions (Para 1 , 4 , 5 , 6 , 7 , 12) |
| 2. key issue of partner liability in wrongful acts (Para 2 , 10 , 15) |
| 3. misinterpretation of partnership liability principles (Para 16 , 21) |
| 4. conditions for holding partners liable (Para 18 , 19 , 20 , 26 , 27 , 28) |
| 5. inapplicability of venu nair case to current facts (Para 22 , 23) |
| 6. lack of ordinary course of business (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 7. procedural requirements for fraud allegations (Para 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 8. insufficient evidence of conspiracy or collusion (Para 44 , 45 , 46 , 47) |
| 9. misinterpretation of defendant's admission (Para 48 , 49 , 50 , 51) |
| 10. appellate court's role in correcting errors (Para 52 , 53 , 54) |
Introduction
[1] In this judgment, the parties are referred to as they were before the trial court. This appeal was filed by the 6th defendant against the decision of the Sessions court after a full trial. The Sessions court had found the 6th defendant jointly and severally liable with the other defendants in respect of the plaintiffs claim for the sum of RM115,750.00. This amount represented half of the sum which had
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