PACIFIC & ORIENT INSURANCE CO BHD 1. ) SHAWAL BIN MARSOM 2. ) AMANAH RAYA BERHAD

PACIFIC & ORIENT INSURANCE CO BHD 1. ) SHAWAL BIN MARSOM 2. ) AMANAH RAYA BERHAD

The High Court granted the plaintiff's application to appoint Amanah Raya Berhad as trustee to receive the care costs awarded by the Sessions Court for Shawal bin Marsom and directed that those funds be paid into Amanah Raya's account and administered solely for Shawal's care because Shawal is incapacitated, the appointment is within the court's power under s11 Public Trust Corporation Act 1995 and court rules, Amanah Raya consented to act, the arrangement protects Shawal's welfare and does not prejudice other parts of the judgment; trustee administration costs are to be borne by the plaintiff.

Citation
BL-24NCVC-12-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Pacific & Orient Insurance Co Bhd; Defendant First Incapacitated Person: Shawal bin Marsom; Defendant Second Mother and Litigation Representative: Siti Arumi binti Asngad; Defendant Third Proposed Trustee: Amanah Raya Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 July 2021
Case Number
BL-24NCVC-12-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Application for Appointment of Trustee / High Court Judgment on Application
Outcome
Application granted
Legal Topics
Appointment of Trustee, Management of Judgment Funds, Public Trust Corporation Act 1995 S11, Litigation on Behalf of a Person of Unsound Mind, Care Costs Awards
Source Language
Malay/English
Trusts and Trustees Personal Injury Insurance Law Capacity and Mental Health Court Procedure Appointment of Trustee Management of Judgment Funds Public Trust Corporation Act 1995 S11 +2 more

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Parties

Pacific & Orient Insurance Co Bhd

Plaintiff

Shawal bin Marsom

Defendant First Incapacitated Person

Siti Arumi binti Asngad

Defendant Second Mother and Litigation Representative

Amanah Raya Berhad

Defendant Third Proposed Trustee

Procedural Posture

Civil Application for Appointment of Trustee / High Court Judgment on Application

Legal Issues

  1. 1 Whether Amanah Raya Berhad should be appointed as trustee to receive and manage the awarded care costs for Shawal bin Marsom
  2. 2 Whether the court has power under Public Trust Corporation Act 1995 s11 and Rules of Court to order payment of litigation proceeds into a trustee account for the benefit of an incapacitated person
  3. 3 Whether appointment prejudices the rights of Defendant Second as litigation representative

Ratio Decidendi

The High Court granted the plaintiff's application to appoint Amanah Raya Berhad as trustee to receive the care costs awarded by the Sessions Court for Shawal bin Marsom and directed that those funds be paid into Amanah Raya's account and administered solely for Shawal's care because Shawal is incapacitated, the appointment is within the court's power under s11 Public Trust Corporation Act 1995 and court rules, Amanah Raya consented to act, the arrangement protects Shawal's welfare and does not prejudice other parts of the judgment; trustee administration costs are to be borne by the plaintiff.

Court Disposition

Application granted

Orders

  • Amanah Raya Berhad is appointed as trustee for Shawal bin Marsom in respect of the care costs awarded by the Sessions Court and the relevant portion of the award to be paid into Amanah Raya Berhad's account
  • The funds paid to Amanah Raya Berhad shall be used solely for the care, treatment and welfare of Shawal bin Marsom