Download Bank Bumiputra Malaysia Bhd & Anor v Lorrain Osman & Ors [1985] 2 Mlj 236 PDF

TitleBank Bumiputra Malaysia Bhd & Anor v Lorrain Osman & Ors [1985] 2 Mlj 236
Tags Common Law Virtue Government Injunction
File Size564.7 KB
Total Pages10
Document Text Contents
Page 2

FACTS & COURT DECISION

• The frst plainti is
a company

incorporated in
Malaysia.

• The second plainti
is subsidiary o the

frst plainti.

• The Deendant,
Lorrain Osman was
the Director o the

frst plainti
company and the
Chairman o oard
o Directors o the
second plainti.

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Page 3

• The plaintis brou!ht an action a!ainst
the deendant on the alle!ation that the
deendant had breach his fduciary duty
a!ainst the company and had made
secret profts and to return the monies to
the company.

• The plaintis also ma"e an application o
Mare#a in$unction to restrain the
deendant rom transerrin! the assets out
o $urisdiction, and to disclose the #alue,
nature and whereabouts o his assets.

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Page 5

ROUNDS OF JUDMENT

• The court in this case considered
three re'uirements in respect o
!rantin! Mare#a &n$unction.
• (irst, the plaintis must show that they

ha#e !ood ar!uable case)

• second, the plaintis must produce
e#idence that the deendant has assets
within $urisdiction and

• Third, there is a ris" o the assets bein!
remo#ed beore the $ud!ment is

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Page 6

%*+T*+ T*+ -L&/T&((0 *1+ 
2OOD 23L+ C0+ 2&/0T T*+

D+(+/D/T

• The plaintis contended that Lorrain
had embar"ed on a deliberate course
o conduct, which had put his
personal interests as a benefciary o
the personal loan and this was in
direct con4ict with his pre5e6istin!
and continuin! duty as a director o
the an" and Chairman o M(.

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