RAJENDRAN A/L RASAMANICKAM 1. ) KOPERASI PEKERJA JAYA BHD 2. ) Gopalakrishnan A/L V.Subramaniam 3. ) Metro Esquire (M) Sdn Bhd

RAJENDRAN A/L RASAMANICKAM 1. ) KOPERASI PEKERJA JAYA BHD 2. ) Gopalakrishnan A/L V.Subramaniam 3. ) Metro Esquire (M) Sdn Bhd

On the totality of evidence plaintiffs established on balance of probabilities that D1 held the land on trust for sub‑lot purchasers, D1/D2 (and Metro acting in concert) breached fiduciary duties and engaged in equitable fraud/conspiracy by covertly dealing with the land and compensation; equitable relief is appropriate — declarations of trust, injunctions, an account, sale by public tender and distribution of proceeds, damages and costs were ordered.

Citation
WA-22NCvC-68-01/2018 (Mahkamah Tinggi)
Parties
Plaintiff (suit 68): Rajendran a/l Rasamanickam; Plaintiff (suit 567): Krishnasamy a/l Manjiny; Plaintiff (suit 208): Suhirtharatnam a/l K Kularatnam; Plaintiff (suit 208): Sharmini a/p Kanagasabai; Plaintiff (suit 212): Jeeva Jothy a/p Satchithanandan; Plaintiff (suit 219): Samuel a/l Frederick Joseph Hogg; First Defendant: Koperasi Pekerja Jaya Bhd; Second Defendant: Gopalakrishnan a/l V Subramaniam; Third Defendant: Metro Esquire (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2024
Case Number
WA-22NCvC-68-01/2018 (Mahkamah Tinggi)
Procedural Posture
Civil (consolidated Suits) / Judgment (trial Court)
Outcome
Judgment for plaintiffs across consolidated suits; declarations, injunctions, orders for sale by public tender, accounts, damages (to be assessed), exemplary damages (to be assessed against specified defendants), and costs awarded to plaintiffs
Legal Topics
Constructive Trust, Breach of Fiduciary Duty, Equitable Fraud, Conspiracy to Defraud, Remedies: Sale and Account, Compulsory Acquisition Compensation
Source Language
Malay/English
Property Law Trusts and Equity Fiduciary Duties Contract Law Fraud and Conspiracy Civil Procedure Constructive Trust Breach of Fiduciary Duty +4 more

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Parties

Rajendran a/l Rasamanickam

Plaintiff (suit 68)

Krishnasamy a/l Manjiny

Plaintiff (suit 567)

Suhirtharatnam a/l K Kularatnam

Plaintiff (suit 208)

Sharmini a/p Kanagasabai

Plaintiff (suit 208)

Jeeva Jothy a/p Satchithanandan

Plaintiff (suit 212)

Samuel a/l Frederick Joseph Hogg

Plaintiff (suit 219)

Koperasi Pekerja Jaya Bhd

First Defendant

Gopalakrishnan a/l V Subramaniam

Second Defendant

Metro Esquire (M) Sdn Bhd

Third Defendant

Procedural Posture

Civil (consolidated Suits) / Judgment (trial Court)

Legal Issues

  1. 1 Whether the impugned land was held on trust for sub‑lot purchasers
  2. 2 Whether D1/D2 (and Metro) breached fiduciary duties and fiduciary obligations
  3. 3 Whether defendants committed fraud/equitable fraud and conspiracy to defraud

Ratio Decidendi

On the totality of evidence plaintiffs established on balance of probabilities that D1 held the land on trust for sub‑lot purchasers, D1/D2 (and Metro acting in concert) breached fiduciary duties and engaged in equitable fraud/conspiracy by covertly dealing with the land and compensation; equitable relief is appropriate — declarations of trust, injunctions, an account, sale by public tender and distribution of proceeds, damages and costs were ordered.

Court Disposition

Judgment for plaintiffs across consolidated suits; declarations, injunctions, orders for sale by public tender, accounts, damages (to be assessed), exemplary damages (to be assessed against specified defendants), and costs awarded to plaintiffs

Orders

  • D1 and D2 restrained from transferring impugned land to Metro or third parties
  • Declarations that D1/D2 hold impugned land on trust for plaintiffs/their estates and that certain SJVA/transfer attempts are null and void for fraud