By Normimie Diun
TAWAU: The Tawau High Court yesterday (24 Nov) commenced the civil trial involving AuMas Resources Berhad (Bahvest Resources Berhad) and its wholly owned subsidiary, Wullersdorf Resources Sdn Bhd (WRSB), against Datuk Lo Fui Ming, Lo Teck Yong, Chong Khing Chung and Southsea Gold Sdn Bhd.
The case, heard before Judge Steve Ritikos, concerns multiple claims filed by the plaintiffs against the defendants. AuMas/Bahvest and WRSB are represented by Norbert Yapp & Associates and Azimi Yahya, while the defendants are represented by Andy Tay & Associates together with Lawrence Chai, Peter Soong & Partners.
Fui Ming was present during the proceedings.
The trial is scheduled to call nine witnesses. The first witness, former AuMas Chief Executive Officer Chong Tzu Khen, testified yesterday, with proceedings continuing today where four additional witnesses are expected to take the stand.
According to court documents, the plaintiffs are seeking various reliefs, including:
• A declaration that Datuk Lo Fui Ming (LFM) and Lo Teck Yong (LTY) breached their fiduciary duties, duty of care and statutory duties towards Bahvest and WRSB.
• A declaration that LFM, LTY and Chong Khing Chung exercised their powers for an improper purpose.
• A declaration that the Temporary Resolution between WRSB and Southsea is null and void.
• An order for the return of RM6 million paid by WRSB to Southsea on 10 May 2023.
• An injunction restraining Southsea from taking further steps in relation to the demand dated 2 May 2023 or the Temporary Resolution, including requesting or receiving any payment.
• An injunction restraining Southsea from removing WRSB from its land or otherwise obstructing the company’s operations.
• General damages, exemplary damages and aggravated damages against the defendants.
• Interest at five percent per annum on the judgment sum until full settlement, costs, and any further relief deemed appropriate by the court.
• A special claim amounting to RM67,086,250, or such other amount to be assessed by the court, relating to the loss of 41 gold dore belonging to the plaintiffs.
The trial continues today with further witness testimonies.
