MANOREMA KUNJAPPAN A/P P K KUNJAPPAN 1. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD 2. ) THE RAIN MAKER MGMT GROUP

MANOREMA KUNJAPPAN A/P P K KUNJAPPAN 1. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD 2. ) THE RAIN MAKER MGMT GROUP

Plaintiff failed to prove a contractual relationship with Defendant Two and failed to discharge the burden of proof; Defendant One was trustee but had delegated management to ACAM and had no contractual obligation to return funds absent ACAM's return or proven gross negligence/wilful breach; claims against ACAM were the proper remedy and were subject to mandatory AIAC arbitration; accordingly both defendants are not liable and the plaintiff's claims are dismissed with costs.

Citation
WA-A72NCvC-773-03/2022 (Mahkamah Majistret)
Parties
PLAINTIF: MANOREMA KUNJAPPAN A/P P K KUNJAPPAN; DEFENDAN: MY PREMIER TRUSTEE (MALAYSIA) BERHAD; DEFENDAN: THE RAIN MAKER MGMT GROUP
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 April 2023
Case Number
WA-A72NCvC-773-03/2022 (Mahkamah Majistret)
Procedural Posture
Civil Claim (guaman) / Judgment After Full Trial
Outcome
Plaintiff's entire claim dismissed against both Defendants
Legal Topics
Breach of Contract, Trustee Obligations, Fiduciary Duty, Agency Relationship, Expungement of Documents, Mandatory Arbitration Clause
Source Language
Malay/English
Contract Trust Law Agency Law Civil Procedure Arbitration Breach of Contract Trustee Obligations Fiduciary Duty +3 more

Case Brief

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Parties

MANOREMA KUNJAPPAN A/P P K KUNJAPPAN

PLAINTIF

MY PREMIER TRUSTEE (MALAYSIA) BERHAD

DEFENDAN

THE RAIN MAKER MGMT GROUP

DEFENDAN

Procedural Posture

Civil Claim (guaman) / Judgment After Full Trial

Legal Issues

  1. 1 Whether Defendant Two was an agent of Defendant One
  2. 2 Whether Defendant Two marketed the investment to the Plaintiff
  3. 3 Whether Plaintiff's decision to invest RM80,000 was induced by Defendant Two

Ratio Decidendi

Plaintiff failed to prove a contractual relationship with Defendant Two and failed to discharge the burden of proof; Defendant One was trustee but had delegated management to ACAM and had no contractual obligation to return funds absent ACAM's return or proven gross negligence/wilful breach; claims against ACAM were the proper remedy and were subject to mandatory AIAC arbitration; accordingly both defendants are not liable and the plaintiff's claims are dismissed with costs.

Court Disposition

Plaintiff's entire claim dismissed against both Defendants

Orders

  • Plaintiff's claim against My Premier Trustee (Malaysia) Berhad and The Rain Maker Mgmt Group dismissed in entirety
  • Costs awarded to Defendants on the standard scale