Irham Niaga Sdn Bhd & Irham Niaga Logistics Sdn Bhd v Tenaga Nasional Berhad

 

In their Statement Of Claim, Irham Niaga pleaded that the TNB is responsible for the payment of the Final Arbitration Award ("Final Award") which Irham Niaga obtained againts TNB's wholly owned subsidiary, TNB Transmission Network Sdn Bhd ("TNB"). TNBT has since been declared a dormant company by TNB.

The central issues in this case are the lifting of the veil of incorporation of TNBT and imputation of contractual liability on TNB. In allowing the Irham Niaga’s claim, the High Court Judge held that based on the totality of the evidence adduced during the trial, “this is a case where special circumstances exists in a situation where there is inequitable or unconscionable conduct amounting to fraud in equity”.

Counsel from Skrine for Irham Niaga at the High Court were Wong Chong Wah, Lim Koon Huan and Jason Teoh Choon Hui.

 
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Asialaw Profiles 2019 has ranked Skrine as an ‘Outstanding’ firm in seven industry and practice areas. In addition, 10 of our lawyers were listed among the leading lawyers.

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Benchmark Litigation Asia-Pacific 2018

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