23 ex-board members in civil suit

> Federal Court rules Port Klang Authority’s issues are ‘triable’

PUTRAJAYA: Twenty-three former Port Klang Authority (PKA) board members, including two former Cabinet ministers and an executive chairman, will be parties in a civil suit filed by PKA against its former general manager, Datin Paduka O. C. Phang.

This follows a Federal Court ruling to dismiss applications for leave to appeal filed by the 23 board members yesterday.

The panel of judges was led by Tan Sri Ahmad Maarop, who sat with Tan Sri Hasan Lah and Tan Sri Abu Samah Nordin.

Ahmad ruled that “triable issues to go on in the High Court” and granted RM10,000 in costs.

The two former Cabinet ministers are Tan Sri Dr Ting Chew Peh and Tan Sri Chor Chee Heung. The executive chairman is Tan Sri G. Gnanalingam of Westports Malaysia Sdn Bhd.

PKA had filed a civil suit in the Shah Alam High Court against Phang for breach of fiduciary duty as its former general manager and board member of PKA in relation to the Port Klang Free Zone (PKFZ).

In her defence, Phang claimed that the breaches complained by PKA were made as a result of a collective deliberation, discussion and decision-making process undertaken by PKA’s board members, all of which were approved by the relevant ministries. On May 5, 2011, Phang filed “third party” notices to include the individuals in the suit, who were PKA board members at the material time.

The members filed an application to strike out the notices at the High Court.

In 2015, Phang’s application was struck out by the High Court and an appeal against the decision was filed. The Court of Appeal on Feb 17 reversed the decision and held that the PKA board’s minutes of meeting produced showed involvement by the “third parties”.