Case Law: Company Law - Aspatra

In the case of ASPATRA SDN. BHD. v. BANK BUMIPUTRA MALAYSIA BHD. & ANOR. [1988], we can learn that earning a secret profit or anything beneficial from a contract. The example was something like this, I am a Board of Director of xxx Holdings. And xxx Holdings signed a contract with a developer to build a factory, but I only let this developer to sign if only he was willing to get the supply from xxx Supplies SDN. BHD. which in fact was owned by me. In this case, I did it without the knowledge nor the permission of xxx Holdings, and earning a secret interest from this contract. In this case, the CORPORATE VEIL has been lifted and I am able to be sued and not xxx Holdings.

0 comments:

Post a Comment