KER BOON KEE v 1. ) TAN SIN HWA 2. ) TIANG NIK UNG 3. ) ANG YONG SOON

ja-22ncvc-127-10-2020 High Court (Mahkamah Tinggi) 13 August 2024 • JA-22NCvC-127-10/2020 • 30 min read

20 cases cited (0 SG, 20 foreign)

Outcome

Based on the abovementioned, I allowed the Plaintiff’s claim against the 1st,2nd and 3rd Defendants and gave the following orders: (a) a declaration that the 1st, 2nd and 3rd Defendants held on trust for the Plaintiff 250,000 shares of the Company for the period of 01.06.2012 to 28.01.2018.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22ncvc-127-10-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Full trial – Plaintiff claims 50% of the shares of Pacific Goals Sdn. Bhd. held collectively in the name of the three Defendants rightfully belong to the Plaintiff and the three Defendants were merely holding 50% of the company’s shares on trust on behalf of the Plaintiff – pre-signed blank share transfer forms - non-stamping of Trust Agreement does not render a claim void or invalid – constructive trust – resulting trust – presumption of trust – failure to prove forgery by tendering handwriting expert evidence report or calling handwriting expert witness is fatal - whether the three Defendants were merely holding 50% of the Company’s shares on trust for the Plaintiff – whether the Plaintiff is entitled to the dividend declared on 16.12.2015 for the 250,000 shares allegedly held on trust by the Defendants – whether the three Defendants are entitled to claim the consideration for 250,000 shares that transferred back to the Plaintiff

Practice Areas

Equity & Trusts

Judges (1)

Wong Mee Ling Delivered

Counsel (5)

Chiong & Partners Firm Siah Le Kee & Partners Firm Norsuryati Abd Karim Counsel Defendant Ungku Ahmad Hafis Bin Ungku Fathil Counsel Defendant Wong Fook Meng Counsel Plaintiff

Parties (4)

Ang Yong Soon Defendant Ker Boon Kee Plaintiff Tan Sin Hwa Defendant Tiang Nik Ung Defendant

Statutes Cited

Civil Law Act 1956

s 11

Evidence Act

s 45 s 47

Evidence Act 1950 (Cap 56)

s 101(1)

Rules of Court 2012

Stamp Act 1949 (Cap 378)

s 52

Cases Cited (20)

UK (5)

[1967] 2 AC 291 [1970] AC 567 [1972] 3 All ER 744 [1974] Ch 269 [1996] AC 669

MY (15)

[1982] 1 MLJ 198 [2009] 1 MLJ 289 [2009] 2 CLJ 363 [2009] 6 MLJ 751 [2010] 1 CLJ 381 [2011] 5 CLJ 136 [2011] MLJU 1556 [2014] 2 MLJ 63 [2014] 4 MLJ 64 [2017] 4 MLJ 697 [2017] 8 CLJ 392 [2017] MLJU 1107 [2020] 10 CLJ 1 [2020] 12 MLJ 67 [2023] 2 MLJ 229

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22ncvc-127-10-2020)