1. ) Lim Quee Lin 2. ) Pik-Sen Houghton 3. ) Alexander Lim Zhong Xin 4. ) Lim Jing-Hwei @ Sandra Jean Lim 5. ) Joel Ying-Leng Du Bois 1. ) Ng Jit Thye 2. ) Clive Ng Cheang Neng 3. ) Maureen Ng Lai Hun 4. ) Elceetee Nominees (Tempatan) Sdn B

1. ) Lim Quee Lin 2. ) Pik-Sen Houghton 3. ) Alexander Lim Zhong Xin 4. ) Lim Jing-Hwei @ Sandra Jean Lim 5. ) Joel Ying-Leng Du Bois 1. ) Ng Jit Thye 2. ) Clive Ng Cheang Neng 3. ) Maureen Ng Lai Hun 4. ) Elceetee Nominees (Tempatan) Sdn B

The pleadings and signed minutes constituted unequivocal admissions that new trustees were appointed; under O.27 r.3(1) the court may grant judgment on that admitted point; the appointments were valid under Trustee Act 1949 s40 and did not offend s39 in a manner that invalidated the appointments now; therefore the court granted the plaintiffs' prayers to appoint the 1st plaintiff, 5th plaintiff and 3rd defendant as trustees and to register the 1st plaintiff and 3rd defendant on the trust land titles.

Citation
PA-22NCvC-17-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Lim Quee Lin; Plaintiff: Pik-Sen Houghton; Plaintiff: Alexander Lim Zhong Xin; Plaintiff: Lim Jing-Hwei @ Sandra Jean Lim; Plaintiff: Joel Ying-Leng Du Bois; Defendant: Ng Jit Thye; Defendant: Clive Ng Cheang Neng; Defendant: Maureen Ng Lai Hun; Defendant: Elceetee Nominees (Tempatan) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 January 2022
Case Number
PA-22NCvC-17-01/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Concerning Trust Administration / Application Under Order 27 R.3(1) of the Rules of Court 2012; Interlocutory Judgment on Part of Claim Granted
Outcome
Application under O.27 r.3(1) allowed; interlocutory judgment entered on part of the claim
Legal Topics
Appointment of Trustees, Registration of Trustees on Land Titles, Summary Judgment on Admissions (o.27 R.3), Trustee Act 1949 Sections 39 and 40, Admissibility of Minutes as Admissions
Source Language
Malay/English
Trusts Civil Procedure Property Law Equity Appointment of Trustees Registration of Trustees on Land Titles Summary Judgment on Admissions (o.27 R.3) Trustee Act 1949 Sections 39 and 40 +1 more

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Parties

Lim Quee Lin

Plaintiff

Pik-Sen Houghton

Plaintiff

Alexander Lim Zhong Xin

Plaintiff

Lim Jing-Hwei @ Sandra Jean Lim

Plaintiff

Joel Ying-Leng Du Bois

Plaintiff

Ng Jit Thye

Defendant

Clive Ng Cheang Neng

Defendant

Maureen Ng Lai Hun

Defendant

Elceetee Nominees (Tempatan) Sdn Bhd

Defendant

Procedural Posture

Civil Suit Concerning Trust Administration / Application Under Order 27 R.3(1) of the Rules of Court 2012; Interlocutory Judgment on Part of Claim Granted

Legal Issues

  1. 1 Whether admissions in pleadings and documents permit final judgment under O.27 r.3(1)
  2. 2 Whether the 1st plaintiff, 5th plaintiff and 3rd defendant were validly appointed trustees
  3. 3 Whether requirements of Trustee Act 1949 s40 were satisfied for appointment of trustees

Ratio Decidendi

The pleadings and signed minutes constituted unequivocal admissions that new trustees were appointed; under O.27 r.3(1) the court may grant judgment on that admitted point; the appointments were valid under Trustee Act 1949 s40 and did not offend s39 in a manner that invalidated the appointments now; therefore the court granted the plaintiffs' prayers to appoint the 1st plaintiff, 5th plaintiff and 3rd defendant as trustees and to register the 1st plaintiff and 3rd defendant on the trust land titles.

Court Disposition

Application under O.27 r.3(1) allowed; interlocutory judgment entered on part of the claim

Orders

  • The 1st plaintiff, the 5th plaintiff and the 3rd defendant are appointed as trustees of the Elceetee Trust E
  • The 1st plaintiff and the 3rd defendant are to be immediately registered as trustees on all land titles of the said trust