Tort

General Container SDN.BHD v Tan Chin Wah @ Sin Yin San and ORS [2010] MLJU 1540

The Plaintiff company claimed that the 1st Defendant, its former Managing Director had breached his fiduciary duties and/ or acted in conflict of interest and/ or conspired with Second and Third Defendants to cause loss and damage to the Company by inter alia wrongfully disposing off the Company’s vital assets, failing to obtain adequate compensation for the disposal of the Company’s assets and to collect the Company’s debts. The Court agreed with Ms. Eileen Othman that the entire allegations against the 1st Defendant were not borne out.

Amal Bakti Sdn Bhd & Ors v. Affin Merchant Bank (M) Bhd [2012] 5 MLJ 61

This appeal concerned an important question of law, namely the extent of the duty of care of a merchant bank acting as advisor to a restructuring scheme to verifying the information given to it, before disseminates the same to the public. Mr. Benjamin Dawson successfully argued before the Court of Appeal that that the merchant banker did owe such a duty of care and on the facts had acted negligently.

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