KUALA LUMPUR (May 11): Putrade Property Management Sdn Bhd on Wednesday failed to strike out a RM1.43 million suit by SRC International Sdn Bhd and its two subsidiaries as High Court Justice Hayatul Akmal Abdul Aziz ruled there were triable issues.
Hayatul Akmal said there was no merit to striking out the application and ordered Putrade Property to pay RM5,000 costs.
As the case will now go to trial, the judge fixed June 13 for case management — possibly to fix the trial dates.
In May last year, SRC International along with Gandingan Mentari Sdn Bhd and Jendela Pinggiran Sdn Bhd filed the suit against Putrade Property, claiming that it had received funds from Jendela Pinggiran.
Formerly known as Zigma-Trade Sdn Bhd, Putrade Property was represented by counsel Datuk Mohd Hafarizam Harun, who argued that it was the former directors of Jendela Pinggiran who should have been named as defendants, and that there was no reasonable cause of action against his client.
The defendant claimed it had no knowledge of the misappropriated sum and that SRC International, Gandingan Mentari and Jendela Pinggiran could not sue it for the tort of knowing receipt without first establishing the breach of fiduciary duty by the plaintiffs' former directors.
However, the plaintiffs, represented by Syafinaz Vani along with Elani Mazlan and Tan Zhixin from Messrs Rosli Dahlan Saravana Partnership, argued that Putrade Property had admitted receiving the sum and thus should be deemed to have knowingly received the money for an event that was held at the Putra World Trade Centre (now known as World Trade Centre) in Kuala Lumpur.
They also argued that there were issues to be tried and this could only be determined when a hearing took place through the examination of witnesses.