Expo Electronics Sdn Bhd v Dato’ Sri Yap Seng Yew & Ors [2015] 1 LNS 334

COUNSEL & SOLICITOR:
Lim Kian Leong (Lui Kar Yee with him)( Lim Kian Leong & Co) for the defendant.

HIGH COURT MALAYA, SHAH ALAM

Contract- Privity- Shares- Locus Standi- Share Sale Agreement- Reliance on previous cheque issued in respect of sale of shares of other related company- Whether plaintiff was able to establish privity in respect of sale of shares with an agreed price of sale- Whether plaintiff was able to establish payments were due and meant for plaintiff- Recovery of balance purchase price of shares- Dispute as to actual price of total shares- Oral agreement- Whether there was disclosure by plaintiff for sale of shares at price alleged by plaintiff- Whether plaintiff was able to produce a credible witness to corroborate existence of oral agreement in relation to sale of shares at certain price- Evidence- Witness- Credibility- Claims made by liquidator on behalf of wound up company- Personal Knowledge- Adverse inference- -Failure to call material witness- Failure of liquidator to call director who had personal knowledge of affairs of company.