Civil Action in 2019
No. Offence Defendants Brief facts of the case Outcome
Outcome of Civil Action Taken
1. Insider trading

Amran Bin Awaluddin (“Amran“)

Nooralina Binti Mohd Shah (“Nooralina“)

On 19 April 2019, the SC filed a civil suit against the defendants. The SC sought, among others:

  • a declaration that Amran had contravened section 89E(2)(a) and/or (b) of the SIA in respect of the acquisition of the shares in Ranhill Power Berhad (“RPB”) through the trading accounts of Nooralina;
  • a declaration that Nooralina had contravened Section 89E(2)(a) and/or (b) of the SIA in respect of acquisition of RPB shares through her trading account.
  • an order that Amran and/or Nooralina jointly and severally pay the sum of RM359,061.00 which is equivalent to three (3) times the amount of RM119,687.00 being the difference between the price at which the said shares would have been likely to have been acquired at the time of the trading, if the information relating to the Proposed Privatization and De-Listing of RPB had been made generally available;
  • an order for a civil penalty of not exceeding RM1,000,000 against Amran;
  • an order for a civil penalty of not exceeding RM1,000,000 against Nooralina.
  • Interest at the rate of 5% per annum on the judgment sum from the date of judgment until full realisation;
  • costs on a solicitor-client basis; and
  • such further and/or other relief as this Honourable Court deems fit and just.

On 23 May 2019, the High Court recorded a Consent Judgment between the SC, Amran and Nooralina declaring both defendants to be in contravention of Section 89E2(a) of SIA.

Court also granted the three times disgorgement sought by the SC, and ordered by consent for both defendants to pay a civil penalty of RM1,000,000.00 each.

The SC was also awarded a sum of RM50,000.00 as cost.

2.
  • Making a statement or disseminated information that is false or misleading and likely to induce the sale and purchase of securities by other persons (s.177 CMSA 2007)
  • Insider Trading (s.188(2)(a) CMSA 2007)
  • Datuk Ishak Ismail (1st Defendant)
  • BHLB Trustee Berhad (2nd Defendant)

On 24 September 2010, SC filed a civil suit against Datuk Ishak Ismail and sought for the following orders:

  • A declaration that the 1st Defendant made false or misleading statements or disseminated false or misleading information by making press statements attributed concerning the affairs of Kenmark Industrial Company (M) Bhd from 3.6.2010 to 9.6.2010;
  • A declaration that the 1st Defendant was engaged in insider trading activities within the meaning of Section 188(2)(a) of the Capital Markets and Services Act 2007 when on 9.6.2010 and 11.6.2010 he disposed of his shares in Kenmark Industrial Company (M) Bhd for a consideration amounting to a total gross sum of RM10,160,636.00 thereby earning a pecuniary gain of RM6,302,283.00;
  • An Order that the 1st Defendant pay to the SC the sum of RM18,906,849.00 representing 3 times his profit or pecuniary gain of RM6,302,283.00 pursuant to section 200(2)(a) and/or Section 201(6)(a) of the CMSA;
  • An Order that Datuk Ishak pays to the SC a civil penalty in the sum of RM1,000,000 pursuant to section 200(2)(b) and/or Section 201(6)(b) of the CMSA;
  • Further or other relief; and
  • Costs

On 6 May 2019, the High Court recorded a Consent Judgment between the SC and Datuk Ishak Ismail granting the orders which were sought by the SC.

The suit against the 2nd Defendant is withdrawn with no order as to costs.
3. Insider trading Dato Ch'ng Poh @ Ch'ng Chong Poh ("Dato Ch'ng Poh").

On 26 March 2019, the SC filed a civil suit against Dato Ch'ng Poh. The SC sought, among others:

  • a declaration that Dato Ch'ng Poh had contravened section 188(2)(a) of the CMSA in respect of the acquisition of the shares in Malaysia Pacific Corporation Berhad ("MPAC") through the trading accounts of Lim Giok Moi (CDS Account Number 073-001-21236807), Tan Kim Lian (CDS Account Number 073-001-40519456) and Yap Lian Far (CDS Account Number 073-001-017494188);
  • an order that Dato Ch'ng Poh pay the sum of RM390,777 which is equivalent to three (3) times the amount of RM130,259 being the difference between the price at which the said shares would have been likely to have been acquired at the time of the trading, if the information relating to the Proposed Joint Venture Project had been made generally available;
  • an order for a civil penalty of RM1,000,000 against Dato Ch'ng Poh;
  • an order that Dato Ch'ng Poh be barred from being a director of any public listed companies for a period of 5 years;
  • an order that Dato Ch'ng Poh be prohibited from any involvement or dealings in any securities on a stock market within Malaysia for a period of 5 years;
  • Interest;
  • Costs.
On 2 April 2019, the High Court recorded a Consent Judgment between the SC and Dato Ch'ng Poh granting the orders which were sought by the SC.     
4.

Insider trading

Dato' Mohd Nor bin Abdul Wahid ("Dato' Mohd Nor")

On 27 February 2019, SC filed a civil suit against Dato' Mohd Nor. The SC sought, among others:

  • a declaration that Dato' Mohd Nor had contravened s188(2)(a) CMSA when he acquired 500,000 Three A Resources Berhad (3A) shares on 5 October 2009 whilst in possession of inside information.
  • an order that Dato' Mohd Nor pay the sum of RM50,201.40 which is equivalent to three (3) times the amount of RM16,733.80 being the difference between the price at which the 3A shares had been acquired and the price at which the 3A shares would have been likely to have been acquired at the time of the acquisition, if the inside information relating to the proposed collective venture between 3A and Wilmar International Limited had been made generally available
  • an order for civil penalty of RM1,000,000.00 against Dato' Mohd Nor;
  • an order that Dato' Mohd Nor be barred from being a director of any public listed companies for a period of 5 years;
  • an order that Dato' Mohd Nor be prohibited from any involvement or dealings in any securities on a stock market within Malaysia for a period of 5 years;
  • Interest;  
  • Costs.

On 14 March 2019, the High Court recorded a Consent Judgment between the SC and Dato' Mohd Nor granting the orders which were sought by the SC.

5.

Insider Trading

Lim Chiew

On 8 December 2005, the SC filed a civil suit against Lim Chiew, a former independent non-executive director of Magnum Corporation Berhad for insider trading in the shares of Bolton Berhad on 12 July 1999.

The SC sought, among others:

  • A payment of the sum of RM1,242,061.08 which is equivalent to three times the amount of RM414,020.36, being the profits he earned as a result of the breach;
  • Civil penalty of RM500,000.00;
  • Interest;
  • Costs.

On 28 September 2017, the Kuala Lumpur High Court declared that the SC had successfully proven its claim against Lim Chiew. The High Court ordered Lim Chiew to pay the sum of RM1,242,061.08 claimed by the SC and a civil penalty of RM50,000.

Lim Chiew had on 10 October 2017 filed an appeal against the decision of the High Court.

On 7 January 2019, the Court of Appeal allowed Lim Chiew's appeal and set aside the High Court's order.
6.

Knowingly authorizing the furnishing of a misleading statement to  Bursa Malaysia

Lei Lin Thai ("Lei")

On 20 February 2019, a civil action was filed against Lei for breach of section 369 of the CMSA by knowingly authorised the furnishing of misleading statement to Bursa Malaysia Berhad. The misleading statement is in relation to a failure to disclose 4 individuals as parties acting in concert in an announcement dated 29 September 2008.

On 8 March 2019, Lei entered into a consent judgment with the SC for the sum of RM2,258,578.53.

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