1. ) MANJUNG AQUATIC SDN BHD (DALAM LIKUIDASI) 2. ) MANJUNG AQUA FARMING SDN BHD v 1. ) MOHAMAD ZAHID BIN PUTERA 2. ) HUSIN BIN YAHYA 3. ) YONG KWAI HEONG 4. ) YONG WEI JIEN 5. ) EMPEROR MARINE SEAFOOD SDN BHD 6. ) PELANTAR CERGAS (M) SDN BHD 7. ) ADIL JUTA SDN BHD 8. ) GIGIH MUDA SDN BHD 9. ) SITIAWAN HATCHERY SDN BHD

wa-22ncc-442-09-2020 High Court (Mahkamah Tinggi) 11 August 2025 • WA-22NCC-442-09/2020

Catchwords

assessment of damages-consent judgment-assessment of damages and account for profits-special damages must be specifically pleaded-claim for diminution in the share value is barred by the “reflective loss” principle-general damages and an account of profits are alternative remedies and the aggrieved party is required to elect which remedy to pursue-no action lies at the suit of a member suing in that capacity to make good a diminution in the value of his shareholding, where it is merely a reflection of the loss suffered by the company-a plaintiff can obtain Judgment for both general damages and an account of profits but he must at execution stage elect which to enforce-order granting the respondent both damages and an account of profits had to be set aside. The respondent would have to elect the one or the other-a party should in general not be required to elect between remedies unless and until he was able to make an informed choice-the authorities make it clear that damages and an account of profits are alternative remedies and the aggrieved party is required to elect which remedy to pursue-A corporate plaintiff cannot be granted aggravated damages-only two categories where exemplary damages can be awarded. The two categories are-oppressive, arbitrary or unconstitutional action by the servants of the Government; or-where the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff’-

Practice Areas

assessment of damages-consent judgment-assessment of damages and account for profits-special damages must be specifically pleaded-claim for diminution in the share value is barred by the “reflective loss” principle-general damages and an account of profits are alternative remedies and the aggrieved party is required to elect which remedy to pursue-no action lies at the suit of a member suing in that capacity to make good a diminution in the value of his shareholding, where it is merely a reflection of the loss suffered by the company-a plaintiff can obtain Judgment for both general damages and an account of profits but he must at execution stage elect which to enforce-order granting the respondent both damages and an account of profits had to be set aside. The respondent would have to elect the one or the other-a party should in general not be required to elect between remedies unless and until he was able to make an informed choice-the authorities make it clear that damages and an account of profits are alternative remedies and the aggrieved party is required to elect which remedy to pursue-A corporate plaintiff cannot be granted aggravated damages-only two categories where exemplary damages can be awarded. The two categories are-oppressive, arbitrary or unconstitutional action by the servants of the Government; or-where the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff’-

Judges (1)

Leong Wai Hong Delivered

Parties (11)

ADIL JUTA Sdn Bhd Defendant EMPEROR MARINE SEAFOOD Sdn Bhd Defendant GIGIH MUDA Sdn Bhd Defendant MANJUNG AQUA FARMING Sdn Bhd Plaintiff MANJUNG AQUATIC Sdn Bhd (DALAM LIKUIDASI) Plaintiff PELANTAR CERGAS Sdn Bhd Defendant SITIAWAN HATCHERY Sdn Bhd Defendant Husin bin Yahya Defendant Mohamad Zahid bin Putera Defendant Yong Kwai Heong Defendant Yong Wei Jien Defendant

Case Significance

1. ) MANJUNG AQUATIC SDN BHD (DALAM LIKUIDASI) 2. ) MANJUNG AQUA FARMING SDN ... is a High Court (Mahkamah Tinggi) decision dated August 11, 2025 (citation: wa-22ncc-442-09-2020). The case was decided by Leong Wai Hong.

What was the outcome of 1. ) MANJUNG AQUATIC SDN BHD (DALAM LIKUIDASI) 2. ) MANJUNG AQUA FARMING SDN ...?

1. ) MANJUNG AQUATIC SDN BHD (DALAM LIKUIDASI) 2. ) MANJUNG AQUA FARMING SDN ... is a High Court decision dated August 11, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.