Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Directors' remuneration and duties
  • 12 Apr 2022

    CHEW HIAN TAT WIU KAI FONG

    Citation
    WA-22NCC-376-08/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-376-08/2020 (Mahkamah Tinggi)

    Plaintiff paid for the shares which were registered in the defendant's name without consideration or gift, thereby giving rise to a presumption of resulting trust; the defendant failed to adduce sufficient evidence to rebut that presumption or to prove an agreement that the shares were consideration for services, and alleged services were duties as a director to be paid by the company rather than by the plaintiff; therefore the shares are held on trust for the plaintiff and must be transferred to him.