KUALA LUMPUR – One of MYAirline’s founders Datuk Allan Goh Hwan Hua and four other companies have applied to strike out a civil suit filed by 15 investors against them.
The application was filed by Goh, i-Serve Online Mall Sdn Bhd (ISOM), Bright Moo Venture PLT (BMV), QA Smart Partnership (QAS) and Trillion Cove Holdings (TCH) at Kuala Lumpur high court on September 6 and 7 last year.
The court, however, has fixed October 31 to hear their bid to strike out the suit.
The 15 investors, aged between 58 and 74, filed a civil suit against the five defendants on July 21 last year, after all four companies failed to pay the monthly redemption value sums and financing returns from the investors’ outlay amounting to RM8 million.
The failure to make such payment has directly caused the defendants to have breached the subscription agreements inked between both parties.
The investors, who are the plaintiffs in this suit, claimed that the five defendants failed to make the payment between November 2021 to June 2022, despite having been served with a letter of demand on June 20 last year.
They claimed that ISOM, TCH, BMV and QAS all collectively function as a single economic unit and that Goh is the single controller of all the other defendants, as he is the ISOM shareholder and chief operating officer and director of TCH.
The plaintiffs also claimed that Goh has had conference calls with the plaintiffs, where he represented and issued statements on the ongoing issues faced by ISOM as well as the impact that it would or would not have with regards to the plaintiffs’ money.
The plaintiffs also noted that the companies stopped making payments to them, around the same time the four companies were raided by Bank Negara Malaysia in November 2021.
They also claimed that ISOM and Goh had conspired to perpetrate fraud upon the plaintiffs, with intention to deceive them by refusing to make the agreed payments.
In their suit, the 15 plaintiffs are seeking the repayment of RM8 million subscription price, as well as the owed monthly redemption arrears, and 5% annual interest on any awarded judgement sum.
However, the defendants in their application to strike out the suit said that the suit is an abuse of court process, as well as it is purported scandalous and frivolous.
The plaintiffs in this civil suit are represented by Messrs Raj & Sach, while Goh is represented by Messrs Mathews Hun Lachimanan.
ISOM and TCH are represented by Messrs Chetan Jethwani & Co, while BMV and QAS are represented by Messrs D’Cruz & Sia.
According to Companies Commission of Malaysia (SSM) documents on MyAirline, Goh owns 750,000 shares while Trillion Cove owns 20,200,000 shares. – October 20, 2023