18 Jun 2021
LAU KOK LOON @ LAU SAY SIOK (NRIC NO.: 430804105423) LOW YEE MENG (NRIC NO.: 700917106585)
- Citation
- WA-22NCC-530-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-530-10/2020 (Mahkamah Tinggi)
The court held the transfers were executed to defeat creditors and were unlawful; the plaintiff could not establish a resulting trust because contemporaneous Trust Deed and surrounding facts rebut the presumption; locus poenitentiae did not apply because the illegal purpose had been carried into effect and the annulment/settlement obscured the deception; applying Patel v Mirza the public interest in upholding insolvency and criminal prohibitions outweighed the plaintiff's claim so relief was denied and the strike out succeeds.