SHU PEI CHEI v WONG YIT ENG

wa-22ncvc-339-06-2023 High Court (Mahkamah Tinggi) 9 March 2025 • WA-22NCvC-339-06/2023

Catchwords

Partnership accounting dispute in the context of a family enterprise. High Court dismissed the plaintiff’s application for a summary order for account under Order 43 of the Rules of Court 2012. High Court found substantial contested facts and preliminary issues that required full trial determination. The decision underscores that in cases where a partnership was operated as a family enterprise for shared family expenses, fiduciary duties must be assessed in light of the long-established course of dealing and mutual confidence. Retrospective accounting obligations cannot be imposed in the absence of clear agreement or practice.

Practice Areas

Civil Procedure Equity & Trusts

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

Shu Pei Chei Plaintiff Wong Yit Eng Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-339-06-2023)