Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Darin 3. ) Gan Jia Swee 4. ) Jabatan Peguam Negara
Catchwords
Company Law — Derivative action — Directors — Fiduciary duties — Breach of duties — Sections 213 and 218 of the Companies Act 2016 — Whether director breached duties by diverting corporate opportunities, assets, and business to a competing entity — Use of forged documents and non-disclosure to co-shareholder — Whether conduct was oppressive, unfairly prejudicial, or in breach of duty of fidelity— Companies Act 2016, s.213, s.218, & s.351. Company Law — Derivative action — Officers — Senior employees — Duty of fidelity — Whether senior managers, entrusted with strategic roles and confidential information, owed fiduciary duties — Participation in a scheme to divert employer's business to a new company — Knowing assistance in breach of director's duties — Liability as accessories — Whether senior officers acted honestly and reasonably — Whether court ought to excuse breach — Defence rejected for knowing participation in a scheme detrimental to the company — Companies Act 2016, s.581. Damages — Compensation — Loss of profits — Assessment of damages for breach of fiduciary duty — Use of historical profit averages as a benchmark for past and future losses — Compensation for assets transferred at a gross undervalue — Loss of goodwill — Exemplary damages — Applicability in breach of fiduciary duty cases — Whether defendant's conduct was cynical, calculated, and merited punishment — Principles in Rookes v Barnard [1964] AC 1129 applied — Award to punish wrongdoer and deter others.
Practice Areas
Judges (1)
Case Significance
Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari... is a High Court (Mahkamah Tinggi) decision dated October 16, 2025 (citation: wa-22ncc-524-10-2020). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari...?
Sun Pharmaceutical Sdn Bhd v 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Dari... is a High Court decision dated October 16, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.