1. ) BINA UPAYA PLANTATIONS SDN BHD 2. ) BINA UPAYA CAPITAL SDN BHD 3. ) BINA UPAYA RESOURCES SDN BHD v AL YASHIR BIN DATUK HJ YAHAYA

aa-22ncvc-60-06-2024 High Court (Mahkamah Tinggi) 6 April 2025 • AA-22NCvC-60-06/2024

Catchwords

The Plaintiffs applied for specific discovery of bank statements from the Defendant, alleging misuse of fiduciary position and unauthorised fund transfers amounting to RM4.4 million. They relied on contemporaneous WhatsApp messages, AMLA notices, and police reports. The Defendant resisted the application, contending that all transactions were authorised by a third party and that the application was speculative and reversed the burden of proof.

Practice Areas

The Plaintiffs applied for specific discovery of bank statements from the Defendant, alleging misuse of fiduciary position and unauthorised fund transfers amounting to RM4.4 million. They relied on contemporaneous WhatsApp messages, AMLA notices, and police reports. The Defendant resisted the application, contending that all transactions were authorised by a third party and that the application was speculative and reversed the burden of proof.

Judges (1)

Moses Susayan Delivered

Parties (4)

BINA UPAYA CAPITAL Sdn Bhd Plaintiff BINA UPAYA PLANTATIONS Sdn Bhd Plaintiff BINA UPAYA RESOURCES Sdn Bhd Plaintiff Al Yashir bin Datuk Hj Yahaya Defendant

Case Significance

1. ) BINA UPAYA PLANTATIONS SDN BHD 2. ) BINA UPAYA CAPITAL SDN BHD 3. ) BINA... is a High Court (Mahkamah Tinggi) decision dated April 6, 2025 (citation: aa-22ncvc-60-06-2024). The case was decided by Moses Susayan.

What was the outcome of 1. ) BINA UPAYA PLANTATIONS SDN BHD 2. ) BINA UPAYA CAPITAL SDN BHD 3. ) BINA...?

1. ) BINA UPAYA PLANTATIONS SDN BHD 2. ) BINA UPAYA CAPITAL SDN BHD 3. ) BINA... is a High Court decision dated April 6, 2025. The case was heard by Moses Susayan. See the full judgment for details.