NATION PARK SDN BHD (Dalam Penggulungan) v OOI KIM GEIK
Catchwords
TRIAL: The plaintiff’s claim against the defendant is founded on fraud and breach of fiduciary duty. The deceased, Ng Kin Yong, who was the managing director, was in control of Nation Park in terms of overall management and decision-making, including finance – Prior to the demise of Ng Kin Yong, the plaintiffs' shares were owned by the deceased and his siblings, Ng King Chong and Ng Kim Pin - The defendant is wife of the deceased and the executrix and sole beneficiary of the deceased’s estate – The plaintiff’s claim concerns a director’s loan that is due and owing by the deceased - Whether as at November 2016, the deceased owes Nation Park Sdn Bhd (in liquidation) an outstanding sum of RM7,324,111.25 (or such other amount to be determined by this Court), being the director’s loans and/or advances which remain unpaid to date - Whether the deceased, as the director of Nation Park had breached his fiduciary duties, statutory duties under sections 213, 214, 218, 219 and/or 224 of the Companies Act 2016, and/or committed fraud against Nation Park - Whether Ooi Kim Geik, in her capacity as the executrix of the estate of the deceased or in her capacity as a director of Nation Park, can be held liable at all for any breaches of statutory duties, fraud or other wrongdoings allegedly committed by the deceased. CIVIL LAW: Whether the plaintiff’s claim is barred by limitation - Fraud and breach of fiduciary duty must first be proven before one can avail themselves of s. 29 of the Limitation Act 1953 - Sections 6 and 29 of the Civil Law Act 1953. EVIDENCE LAW: Admissibility of Part C documents in Court - Notice to Produce Documents – Sections 65 and 66 and Section 90A of the Evidence Act 1950. EVIDENCE LAW: Burden of Proof - Sections 101 and 103 of the Evidence Act 1950.
Practice Areas
TRIAL: The plaintiff’s claim against the defendant is founded on fraud and breach of fiduciary duty. The deceased, Ng Kin Yong, who was the managing director, was in control of Nation Park in terms of overall management and decision-making, including finance CIVIL LAW: Whether the plaintiff’s claim is barred by limitation EVIDENCE LAW: Admissibility of Part C documents in Court EVIDENCE LAW: Burden of Proof
Judges (1)
Case Significance
NATION PARK SDN BHD (Dalam Penggulungan) v OOI KIM GEIK is a High Court (Mahkamah Tinggi) decision dated June 11, 2025 (citation: ba-22ncvc-124-03-2022). The case was decided by Hazizah binti Kassim.
Key issues: EVIDENCE LAW: Admissibility of Part C documents in Court - Notice to Produce Documents – Sections 65 and 66 and Section 90A of the Evidence Act 1950..
What was the outcome of NATION PARK SDN BHD (Dalam Penggulungan) v OOI KIM GEIK?
NATION PARK SDN BHD (Dalam Penggulungan) v OOI KIM GEIK is a High Court decision dated June 11, 2025. The case was heard by Hazizah binti Kassim. See the full judgment for details.