2020-10-19

IN THE HIGH COURT OF JOHOR BAHRU

CASE NO: JA-22NCVC-19-01/2017

HB TECHNOLOGY SDN BHD (CO. NO: 573481-M)  (IN LIQUIDATION)                  …. PLAINTIFF

JOHN HO KONG HOI & 4 ANOR                                                                                 …DEFENDANTS

Mr Ng Choon Jin was appointed as a Liquidator for HB TECHNOLOGY SDN BHD(“HBT) via an order of the High Court dated 22.12.2015 and carry out his duties and commenced this suit on 31.1.2017 against Directors and FHL Manufacturing Sdn Bhd  (“FHL”)for unlawful conspiracy.

Judgement was entered against 1st and 2nd Defendants on 26.2.2018 for amount of RM6,660,335.00; amount of EURO 72,482.51; and Interest at the rate of 5% p.a. from the date of judgment until the date of full and final payment.

All Defendants unlawfully conspired to injure HBT’s economic interest by the diversion of business premises, employees, customers; orders; asset; and monies to FHL

The 3rd to 5th Defendants aided and abetted the 1st & 2nd Defendants to breach Fiduciary Duties to HBT, to the extent of assisting the 1st and 2nd Defendant to cheat HBT’s customer into believing that FHL is the same legal entity as HBT via change of name.

Subsequently on 19.8.2020 Judgement was entered against 3rd to 5th Defendants whereby  all Defendants are directed to pay HBT an amount of RM100,000.00 and to provide a full account to HBT for all profits derived from the unlawful conversion of HBT’s assets and Interest at the rate of 5% p.a. on the judgment sum from the date of judgment until the full payment of the same;

Further, 4th Defendant to restitute the amount of RM1,691,994.42 received from HBT for repayment of fictitious loans; and 5th Defendant to restitute the amount of EURO 72,482.51 which was taken from HBT.

Currently, 4th and 5th Defendant filed and appeal for the Judgment entered on 19.8.2020