KANG HAI HOLDINGS SDN BHD & 1 LAGI v LEE LAI BAN

02f-65-09-2016j Federal Court (Mahkamah Persekutuan) 18 December 2017 • 02(f)-65-09/2016(J)

Catchwords

Company law — Appeal — Appeal against judgment of Court of Appeal — Appellants claimed for accounts and damages for fraud, forgery and trespass to land and conversion — Whether respondent could have ascertained the actual position of Siva, the first defendant by making the relevant searches — Whether Rule in Turquand’s case apply to a situation where an outsider dealing with the company is deemed to have constructive notice of the identity of the directors and Managers of a company as shown in the Form 49 of the Company — Whether an outsider can rely on the rule in Turquand’s case and the principles of ostensible authority of a person to bind a company where the ‘holding out’ or representation of authority is made solely by the person with no authority

Practice Areas

Judges (5)

Abu Samah bin Nordin Coram Panglima Richard Malanjum Coram Prasad Sandosham Abraham Coram Seri Zulkefli bin Ahmad Makinudin Delivered Zaharah binti Ibrahim Coram

Parties (2)

KANG HAI HOLDINGS Sdn Bhd Appellant Lee Lai Ban Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-65-09-2016j)