LING SOON PING 1. ) KOPERASI PEMBANGUNAN PENDIDIKAN BHD 2. ) UNIVERSAL TRUSTEE (M) BERHAD

LING SOON PING 1. ) KOPERASI PEMBANGUNAN PENDIDIKAN BHD 2. ) UNIVERSAL TRUSTEE (M) BERHAD

The dispute falls outside section 82 because the second respondent is not a co-operative society and the reliefs sought (declaration of breach of trust and damages for breach of fiduciary duties) are not within the Commission's remedial scope; the claims against both respondents are intertwined; however the Sessions Court is barred by section 69(e) of the Subordinate Courts Act 1948 from adjudicating matters to enforce trusts, therefore the Sessions Court lacked jurisdiction and the appeal is dismissed with the proper forum being the High Court.

Citation
BA-12A-25-04/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ling Soon Ping; First Respondent/defendant: Koperasi Pembangunan Pendidikan Berhad; Second Respondent/defendant: Universal Trustee (M) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 September 2024
Case Number
BA-12A-25-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court Decision Striking Out Writ Under Order 18 Rule 19(1) Rules of Court 2012
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Striking Out, Enforcement of Trusts, Section 82 Co Operative Societies Act 1993, Section 69(e) Subordinate Courts Act 1948
Source Language
Malay/English
Co Operative Societies Law Trust Law Civil Procedure Contract Law Fiduciary Duties Jurisdiction Striking Out Enforcement of Trusts +2 more

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Parties

Ling Soon Ping

Appellant/plaintiff

Koperasi Pembangunan Pendidikan Berhad

First Respondent/defendant

Universal Trustee (M) Berhad

Second Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Sessions Court Decision Striking Out Writ Under Order 18 Rule 19(1) Rules of Court 2012

Legal Issues

  1. 1 Whether the dispute falls within the jurisdiction of the Malaysia Co-operative Societies Commission under section 82 Co-operative Societies Act 1993
  2. 2 Whether the Sessions Court has jurisdiction to hear the dispute notwithstanding section 69(e) Subordinate Courts Act 1948 which bars enforcement of trusts

Ratio Decidendi

The dispute falls outside section 82 because the second respondent is not a co-operative society and the reliefs sought (declaration of breach of trust and damages for breach of fiduciary duties) are not within the Commission's remedial scope; the claims against both respondents are intertwined; however the Sessions Court is barred by section 69(e) of the Subordinate Courts Act 1948 from adjudicating matters to enforce trusts, therefore the Sessions Court lacked jurisdiction and the appeal is dismissed with the proper forum being the High Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs; each party to bear own costs