JUDGMENT

[Enclosure 10]

Celestina Stuel Galid J:

Introduction

[1] The Plaintiff, inter alia, claimed against the Defendant for a declaration that the Defendant had breached his fiduciary duty as the then director of the Plaintiff. The Plaintiff also claimed the sum of RM1,385,157.30 from the Defendant as the loss and damages it suffered arising from the alleged breach of fiduciary duty by the Defendant.

[2] By encl 10, the Defendant applied to strike out the Plaintiff's claim.

[3] This Court allowed the striking out application on 13 February 2025. The Plaintiff has since filed an appeal against the said decision.

Background Facts

[4] The backgrounds facts were not in dispute and may be stated as follows.

[5] The Defendant was a director and shareholder of the Plaintiff from 16 June 2010 until 20 January 2017.

[6] On 13 November 2013, the Plaintiff signed a Letter of Guarantee ("the Guarantee") in favour of OCBC Al-Alamin Bank Berhad ("the Bank") as one of the securities for the banking facility which the Bank granted to one Tenaga Tentaram Sdn Bhd ("TTSB").

[7] The Guarantee was signed by the Defendant in his capacity as the Plaintiff's then director pursuant to the Plaintiff's Board of Di