RSTC committee members lose RM1.76 mln payment appeal

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KOTA KINABALU: The Court of Appeal here yesterday struck out the appeal brought by 10 of the 12 management committee members of the Royal Sabah Turf Club (RSTC) against the High Court’s decision ordering them to pay RM1.76 million to the club.

Justice Datuk Seri Panglima Sulong Matjeraie who sat together with Justices Dato’ Azhar Hj Maah and Dato’ Seri Hj Mohamad Apendi Hj Ali unanimously struck out the appeal by Datuk Golkan Hasbollah, Michael Yap Chee Ming, Ang Chi Khung, Chaw Khing Hong, Dato?David Chong Ket Sui, Lim Lean Lai, Tiu Fui Khiong, Terence Lee Swee Hong, Haji Mazlan Haji Sogon and Awang Shamsi Jami.

The court held that the appellants, who were represented by counsel George Ngui, had failed to file in their record of appeal within the stipulated time.

The case came up for a scheduled hearing yesterday

In his judgement on March 25, 2011, Judicial Commissioner Ravinthran N. Paramaguru found Golkan, Yap, Ang, Chaw, Chong, Lim, Tiu, Lee, Haji Mazlan, Awang Shamsi and two others liable for breach of fiduciary duty.

Ravinthran ordered all the 12 members to pay the RM1.76 million jointly or severally to the club and also ordered them to provide a detailed account of the funds of the club which they had utilised for defending the civil action.

Additionally, the court also restrained the RSTC from incurring further legal fees on behalf of the 12 management committee members.

Ravinthran made the orders after allowing a civil suit brought by the respondent, Chin Tek Fong, who is a life member of the club against the appellants.

Counsel Tiong Jia Yee acted for the respondent.