Alcatel-Lucent (M) Sdn Bhd (formerly known as Alcatel Network Systems (M) Sdn Bhd) v Solid Investments Ltd and another appeal [2012) 4 MLJ 72 CA:
[27] The remedy of account is personal against the accounting party and does not create any trust or equitable interest in the property. In the present case, the appellant is not an accounting party under the written contract ie the consultancy agreements. A plaintiff who seeks the remedy of an account must prove that firstly, the defendant is an accounting party and secondly, the plaintiff is entitled to some sum of monies from the defendant. The latter is important as the remedy of account is not for the purpose of discovery, (see Civil Remedies in Malaysia by Cheong May Fong [2007] Sweet & Maxwell Asia — at p 390).
