Rakan JV boleh saman tuntut semula wang, putus mahkamah

Mahkamah Persekutuan in Malaysia has ruled that a joint venture company can sue its former partners directly for the return of funds allegedly misused or misappropriated. The decision comes after Pelorus Holding Sdn Bhd, a Malaysian company, sought to retrieve over RM2.4 million from three former partners - Jaffa Roger Dawkins, Rabiatul Adawiyyah Mohamad, and Harris Luqman Group Sdn Bhd.

The case was brought forward by Pelorus HLG Sdn Bhd, a limited liability company set up to invest in various businesses such as poultry farming, aquaculture, veterinary services, and meat production. The relationship between Pelorus and the JV faltered, leading to Pelorus filing a suit to reclaim the money it claimed was rightfully theirs.

The money included RM1.19 million allegedly misappropriated by Harris Luqman Group and RM1.21 million to settle a loan from Agrobank, a major Malaysian bank. The Court of Appeal had previously dismissed claims that Pelorus, as a shareholder, was merely complaining of losses suffered due to the JV's misconduct, instead asserting that Pelorus, as a contract party, was seeking to enforce its rights under the JV agreement.

The Court of Appeal also rejected the argument that Pelorus' financing arrangements were unrelated to the loan activities of the JV after discovering that the initial funds were channeled as part of the JV contract's obligations. However, the Federal Court dismissed Pelorus' individual claims amounting to RM516,972, as the amount could not be proven justifiably.

The defendants were also ordered to pay a total of RM100,000 in costs. Pelorus was represented by attorneys David Mathews, S Shaarvin Raaj, K Ravvenneah, and Reuben Choong, while the defendants were represented by Hasshahari Johari Mawi, Rosly Khady Ayub Khan, Shah Nurul Afzan Abdullah, and Nur Amni Irdina Mat Ayob.