1. ) WONG POH WAH 2. ) TEO TZI SIN v SEA TACKLE SDN BHD

b-02ncvcw-1841-09-2022 Court of Appeal (Mahkamah Rayuan) 26 August 2025 • B-02(NCvC)(W)-1841-09/2022 • 29 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Appeal against decision of High Court - claim for damages premised on breach of fiduciary duties - fraudulent claims for personal gain - abuse of powers as directors - whether Defendants owed and breached their fiduciary duty to the Plaintiff - whether Defendants acted within scope of powers granted pursuant to Memorandum and Articles of Association - strict fiduciary principle of universal application - prohibits personal interest conflicts - seriousness of the breaches and misappropriation of the funds and assets of the Plaintiff

Practice Areas

Appeal against decision of High Court

Judges (3)

Alwi bin Abdul Wahab Delivered Lim Chong Fong Coram Supang Lian Coram

Counsel (5)

Nadzifah Sagunthala & Associates Firm W.L. Ong & Associates Firm Ahmad Maliki bin Ahmad Marzulai Counsel Respondent Ong Wen Li Counsel Appellant R. Thayalan Counsel Respondent

Parties (3)

SEA TACKLE Sdn Bhd Respondent Teo Tzi Sin Appellant Wong Poh Wah Appellant

Case Significance

1. ) WONG POH WAH 2. ) TEO TZI SIN v SEA TACKLE SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated August 26, 2025 (citation: b-02ncvcw-1841-09-2022). <p>Sea Tackle sued its former directors (a married couple) for breach of fiduciary duties, including making fraudulent claims for personal gain and misappropriating company funds and assets. The Court of Appeal affirmed the High Court's finding of breach of fiduciary duties and the award of RM1,000,000 in damages apportioned equally between the two directors. The appeal was dismissed with costs of RM25,000.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Alwi bin Abdul Wahab delivering the judgment. Counsel appearing: Ahmad Maliki bin Ahmad Marzulai (counsel for respondent), Ong Wen Li (counsel for appellant), R. Thayalan (counsel for respondent).

Summary

Sea Tackle sued its former directors (a married couple) for breach of fiduciary duties, including making fraudulent claims for personal gain and misappropriating company funds and assets. The Court of Appeal affirmed the High Court's finding of breach of fiduciary duties and the award of RM1,000,000 in damages apportioned equally between the two directors. The appeal was dismissed with costs of RM25,000.

What was the outcome of 1. ) WONG POH WAH 2. ) TEO TZI SIN v SEA TACKLE SDN BHD?

<p>Sea Tackle sued its former directors (a married couple) for breach of fiduciary duties, including making fraudulent claims for personal gain and mi...

Cases Cited (5)

UK (3)
[1951] AC 507 [1998] Ch 1 [2001] 1 AC 268
MY (2)
[1985] 2 MLJ 209 [1997] 2 CLJ 607