Tengku Dato’ Ibrahim Petra bin Tengku Indra Petra v Petra Perdana Bhd and another appeal [2018] 2 MLJ 177


Lim Kian Leong (Tan Wei Wei, Chris Lim Su Heng, Nur Khidmah bt Huzaisham and Colin Liew with him)(Chris Lim Su Heng) Civil Appeal Nos 02(f)-7-03 of 2016 (W) and 02(f)-8-03 of 2016 (W) for the respondent.


Company Law — Directors — Duties — Directors’ duties to act in best interest of company in divestments company’s shareholding — Whether directors acted in breach of statutory duties as set out in s 132(1) of the Companies Act 1965 — Whether there was dishonest assistance in various breaches of duty owed — Whether there was conspiracy by lawful and/or unlawful means to injure company vide divestments — Whether there were acts or omissions that caused company to suffer loss and damage in relation to divestments — Whether directors in breach of fiduciary, statutory or common law duties — Whether directors failed to act in best interest of company — Whether such failure caused losses and damages to company.