Yusrin Faidz Yusoff JC:

Introduction

[1] This matter comes before the court on the application of the 2nd to 11th defendants ("the corporate defendants") for assessment of damages pursuant to the undertaking as to damages furnished by the plaintiff, Dato' Sri Andrew Kam Tai Yeow. The application arises from injunctions granted in 2017 and 2018 at the plaintiff's behest, which restrained the corporate defendants from disposing of their oil palm plantation and mill assets. The injunctions remained in place for several years until they were set aside by the court of Appeal in 2022, which held that the corporate defendants were improperly joined to the action as they were not privy to the Shareholders' Agreement that underpinned the plaintiff's claim.

Background Facts

[2] The factual backdrop may be shortly stated. The Plaintiff, a shareholder of the 2nd and 3rd defendants, initiated proceedings alleging breaches of a Shareholders' Agreement dated 16 January 2017. Although the corporate defendants were not parties to that agreement, the plaintiff nevertheless obtained interim injunctions against them in 2017 and 2018, restraining the disposal of their principal assets, namely an oi