BUSINESSMAN Victor Chin Boon Long has renewed his bid to testify remotely from China in a RM49.85 million lawsuit over the management and control of air cargo operator M Jets International Sdn Bhd, citing medical grounds.
The latest application was filed on Thursday (Oct 29), ahead of the resumption of the defence's case on Monday (Nov 2), with Chin proposing to testify first instead of last, as originally planned.
In the application filed through Messrs KH Wong & Co, Chin is seeking the Kuala Lumpur High Court's permission to give evidence via video conference from Zhuhai, Guangdong, claiming he is "medically unfit to travel by air".
The application is scheduled for case management on Monday.
This is Chin's second attempt to testify remotely after his earlier request in April was rejected by High Court judge Leong Wai Hong, who ruled that a letter from his lawyers was insufficient and that a formal application supported by a sworn affidavit was required.
The earlier application cited concerns for Chin's safety should he return to Malaysia, but the court found the concerns insufficiently substantiated.
Chin is the first defendant in a countersuit filed in July 2023 by former M Jets directors Gunasekar Mariappan and Philip Phang Kin Ming.
The countersuit followed an April 2023 lawsuit by MMAG Holdings Bhd against the duo, seeking RM23.17 million in damages over alleged breaches of fiduciary duties.
Gunasekar and Phang completed presenting their case in April. During his testimony, Gunasekar maintained that Chin exercised decision-making authority over the venture, although the defence challenged his account of Chin's role.
Mediation talks on Aug 24 also failed to resolve the dispute due to the absence of several parties.
The dispute stems from a joint venture formed in November 2020 to transform M Jets from a private jet charter company into an air cargo operator.
Under the arrangement, MMAG Holdings was to acquire an 80% stake in M Jets and invest RM46 million, while the group comprising Gunasekar and Phang, through JT Aerotech Solutions Sdn Bhd (JTAS), would hold the remaining 20% and invest RM10 million.
The duo claimed they were responsible for running the business and transforming it into an operational cargo airline, including securing aircraft leases, renewing licences and managing fuel arrangements.
However, they alleged that difficulties emerged when additional funding of about RM20 million was required for expansion in late 2021 and early 2022 but was not provided.
They further claimed that Chin and MMAG subsequently reversed their position on the venture, resulting in operational disruptions, estimated losses of about RM16 million and the failure to expand the business as planned.
Gunasekar and Phang were suspended in February 2023 following a Malaysian Anti-Corruption Commission investigation and a raid on M Jets' office before being removed from their positions. -November 1, 2026
