QUESTION 1

Mr. Hebat was the chief managing director of Bestari Sdn. Bhd. In 20XX, he was involved in a negotiation of contracts between Betari Sdn. Bhd. and Cerdikpandak Sdn. Bhd. The Board of Directors of Cerdikpandai Sdn. Bhd. felt that Bestari Sdn. Bhd. was nkr competent enough to undertake these contracts. They were, however, very impressed with Mr. Hebat's performance and offered those contracts to him personally. Mr. Hebat then resigned from Bestari Sdn. Bhd. and set up his own company. The Board of Directors of Bestari Sdn. Bhd. was frustrated when they discovered that Mr. Hebat had procured the contracts for himself. They wish to take action againts Mr. Hebat to recover the profits he made from the contracts procured from Cerdikpandai Sdn. Bhd.

Advise Bestari Sdn. Bhd. on its chances of success.

QUESTION 2

Param, Didi and Ah Seng are partners in PDA Partnership Enterprise, which runs a caf business in Kuantan town. Ah Seng secretly opened another caf in Beserah in his own name. Upon discovering that Ah Seng has opened the caf, Param and Didi intended to take a legal action against Ah Seng. Advise Param and Didi as to their rights under partnership law.

THE QUESTION SHOULD BE ANSWER BASED ON THE MALAYSIA COMPANY ACT.