1. ) NOOR MOHAMED BIN SHAHUL HAMID 2. ) MONEYWAVE SDN BHD v 1. ) SYED ALI BIN SHAMSUDIN 2. ) TENGKU SHANAZ BINTI TENGKU ABDUL AZIZ 3. ) MICHAEL DASS A/L ENNASSI 4. ) ANGLO BUSINESS NETWORK SDN. BHD. 5. ) MOHD ISMAIL BIN KAMALUDEEN
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Orders [82] This Court orders that the 1st Defendant: (i) Furnish an account to the Plaintiffs detailing all the trust money placed with him by the 1st Plaintiff within seven days of this judgment; (ii) Returns all cash that remains with him to the 1st Plaintiff immediately; (iii) Pay to the 1st Plaintiff the sum of RM7,000,000.00 less any amounts proven to have been returned under sub-paragraph (ii) above. Payment shall be made within one month from the date of this judgment, failing which interest of 5% shall accrue on any amount outstanding from the expiry of the one month period of this judgment until full and final settlement; (iv) Pays to the Plaintiffs general damages in the sum of RM200,000.00; (v) Interests of 5% on the said sum to be calculated from the date of this judgment until full and final settlement; (vi) Costs of RM100,000.00, subject to allocator. [83] This Court dismisses the Plaintiffs’ claims against the 3rd, 4th and 5th Defendants respectively. Costs of RM40,000.00 are to be paid to the 3rd and 4th Defendants, subject to allocator. Against the 5th Defendant, costs of RM40,000.00 to be paid by the Plaintiffs subject to allocator. [84] The learned counsel for the Plaintiffs had sought from this Court a penal clause be attached to this Court orders. This Court grants so.
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Read on eJudgmentSource: eJudgment (wa-22ncvc-544-09-2022)