Sin Kheng Hooi Sin Kheng Chuan (No KPT: 550520-07-5599) [melalui Saw Phek Lean No. KPT 570506-07-5574) sebagai wakil undang-undang menurut perintah Mahkamah Tinggi Pulau Pinang bertarikh 12.1.2018] Saw Phek Lean (No. KPT 570506-07-5574)

Sin Kheng Hooi Sin Kheng Chuan (No KPT: 550520-07-5599) [melalui Saw Phek Lean No. KPT 570506-07-5574) sebagai wakil undang-undang menurut perintah Mahkamah Tinggi Pulau Pinang bertarikh 12.1.2018] Saw Phek Lean (No. KPT 570506-07-5574)

The application was dismissed because the sum sought was not determined pursuant to the prior judgment which required an independent accounting by KCK & Associates; the plaintiff's attempt to have the court enter a calculated sum based on their own valuation bypassed the express terms of the judgment and constituted an abuse of process, and the absence of trust accounts prevented the ordered audit.

Citation
22NCvC-848-12/2012 (Mahkamah Tinggi)
Parties
Plaintiff: Sin Kheng Hooi; First Defendant: Sin Kheng Chuan; Second Defendant: Saw Phek Lean
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 October 2020
Case Number
22NCvC-848-12/2012 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (trust Dispute; Challenge to Settlement; Enforcement of Judgment) / Post Judgment Enforcement Application (enclosure 200) to Quantify/enter a Sum Pursuant to Prior Judgment
Legal Topics
Breach of Trust, Accounting by Trustee, Duress and Undue Influence, Settlement Challenge, Order for Accounting and Auditors, Abuse of Process, Post Judgment Relief
Source Language
Malay/English
Trusts Civil Procedure Equity Appeals Enforcement of Judgments Breach of Trust Accounting by Trustee Duress and Undue Influence +4 more

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Parties

Sin Kheng Hooi

Plaintiff

Sin Kheng Chuan

First Defendant

Saw Phek Lean

Second Defendant

Procedural Posture

Civil Suit (trust Dispute; Challenge to Settlement; Enforcement of Judgment) / Post Judgment Enforcement Application (enclosure 200) to Quantify/enter a Sum Pursuant to Prior Judgment

Legal Issues

  1. 1 Whether the court could enter a fixed monetary judgment absent the accounting/audit ordered in the prior judgment
  2. 2 Whether the plaintiff's application sought relief inconsistent with the express terms of the prior judgment
  3. 3 Whether absence of separate trust accounts prevented the ordered audit and thus barred entry of the claimed sum

Ratio Decidendi

The application was dismissed because the sum sought was not determined pursuant to the prior judgment which required an independent accounting by KCK & Associates; the plaintiff's attempt to have the court enter a calculated sum based on their own valuation bypassed the express terms of the judgment and constituted an abuse of process, and the absence of trust accounts prevented the ordered audit.