19 Aug 2024
HSL GROUND ENGINEERING SDN BHD 1. ) CIMB ISLAMIC BANK BERHAD 2. ) UNITED OVERSEAS BANK (MALAYSIA) BHD 3. ) TRITERRA METROPOLIS SDN BHD 4. ) ANEKA JARINGAN HOLDINGS BERHAD 5. ) CHINA CONSTRUCTION BANK (MALAYSIA) BERHAD PENCELAH QINGJIAN HOLD
- Citation
- WA-37G-206-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-37G-206-09/2021 (Mahkamah Tinggi)
On the balance of probabilities the Court found sufficient evidence (CLOA, Notice of Assignment, payment arrangement and completion certificate) to establish that Qingjian was the beneficial owner of the monies (express trust or in the alternative a constructive trust), and therefore the garnished sums belonged to Qingjian; although payments by Triterra to the Judgment Creditor discharged Triterra, the sums paid must be refunded and/or paid to Qingjian.