BRG Polo Haus Sdn Bhd & Anor v Blay International (M) Sdn Bhd & others (High Court) [2015] 8 MLJ 176

Alvin was the counsel for the defendants. This is a judgment after a full trial involving a claim by the plaintiffs against the defendants for “money had and received”. The High Court was of the view that when there are 2 conflicting versions of the case between the 2 parties, the contemporaneous documents are more probable and reliable. The Court also held that the shareholders are not liable for the liability incurred by the Company. In respect of the counterclaim, the Court held that the defendants are entitled to claim against the plaintiff for the loss of the stocks and assets after the plaintiff abandoned the operation and business of the first defendant and refused to return the assets and stocks of the defendants. The High Court dismissed the plaintiff’s claim and allowed the defendant’s counterclaim. The case was decided in favour of the defendants.