KUALA LUMPUR: Three Selangor Turf Club members failed to get a court declaration that its committee members had acted in breach of trust and negligently over the relocation of the club.
High Court Judicial Commissioner Rosilah Yop held that the club members – Lee Tak Suan, Cheam Tat Pang and Quay Ong Guan – failed to refer their disputes in a domestic forum where they could raise their complaints at its annual general meeting (AGM) or extraordinary general meeting (EGM).
In dismissing the suit, JC Rosilah said the three failed to prove that the club’s eight committee members for the term 2012-2013, named as defendants, acted in breach of trust, breach in their fiduciary duty and acted negligently when they refused to direct the club to terminate a sale and purchase (SAP) agreement dated July 19, 2004, despite breaches in contract on the part of the land buyer, who did not complete the SAP in time.
The SAP was between the club and land buyer Selat Makmur Sdn Bhd, also named as defendant, for the sale of land in Sungai Besi.
The committee members contended that club members gave mandate to them to sell the Sungai Besi land for an agreed price of RM640mil.
In her 46-page judgment, JC Rosilah said she found that Selat Makmur did not breach any contract, adding: “I find that there is no liability to be imposed on the land buyer.”
JC Rosilah ordered those three club members to pay RM15,000 in costs to the defendants.
Among others, the three plaintiffs sought for a declaration that the defendants acted in breach of trust, breach of fiduciary duty and negligently, in granting nine extensions of time totalling nine years to Selat Makmur to enable the latter to complete the SAP.
They named club’s committee members Tan Sri Richard Cham Hak Lim, its public officer Term Boon Kheng, Selat Makmur and seven others committee members as defendants.
Lawyers Tommy Thomas and N. Ganesan acted for the plaintiffs, while counsel Datuk V. Sithambaram appeared for the club committee members and its public officer while lawyers Sean Yeow, S.M Shanmugam and Josiah Ng represented the land buyer.