However, Goh and the four companies – namely i-Serve Online Mall Sdn Bhd (i-Serve), Bright Moon Venture PLT (BMV), QA Smart Partnership PLT (QAS) and Trillion Cove Holdings Bhd – have filed an application to strike out the suit on the basis that the legal action was a nullity and an abuse of court process.

The High Court here will hear their striking out application on Oct 31.

They had also filed their statements of defence last year against the lawsuit brought by the investors – P Ponnamal, A Prema, Deborah Ann Rodrigo, Che Engku Mahirah Abdullah, Goh Chiang Beng, Alexander Vincent, Gea Ban Thong, Ng Guat Tin, Koh Kock Keang, S Supramaniam, Harith Abdul Hamid, Ismat Abdul Rauf, Koh Kok Chong, Gea Seok Eng, and K Thangamuthu.

In their statement of claim dated July 21 last year, the 15 plaintiffs claimed the companies failed to make the agreed-upon monthly payments from November 2021 to June 2022, despite having sent letters of demand through their solicitors.

The plaintiffs, aged 58 to 74, claimed that Goh, as the co-founder and majority shareholder of MYAirline Sdn Bhd, and the other four defendants breached their fiduciary duties and should be made personally liable over losses suffered by the investors.

They contended that Goh, in issuing various notices and directives and holding conference calls with them, had made representations over ongoing issues faced by i-Serve and the impact it could have on their monthly returns.

They further claimed that i-Serve, Trillion Cove, and the other firms were raided by Bank Negara Malaysia on Nov 11, 2021, and that a freeze order was allegedly issued against the companies.

Thus, the plaintiffs are seeking repayment of the RM8 million subscription price as well as repayment of the owed monthly redemption arrears and 5% annual interest on any awarded judgment sum.