7 Jul 2022
1. ) Mahadevan a/l K Subramaniam 2. ) Sundaresan A/l Subramaniam 3. ) Jelaindren a/l K Subramaniam 1. ) Navamany A/p R Karuppiah 2. ) Pooveneswaran a/l Kumaresan 3. ) Kanaki A/p Muthu 4. ) Oriental Van Lines (m) Sdn Bhd
- Citation
- WA-22NCC-430-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-430-09/2020 (Mahkamah Tinggi)
On the proved facts the elements of an implied trust were satisfied: the deceased held the 100,000 shares for the Subramaniam brothers; the defendants failed to produce original directors' resolution and a material witness (2nd defendant) did not testify, a delayed stamping and inconsistent testimony rendered the transfer suspicious; adverse inferences were properly drawn and the transfers were therefore fraudulent, unlawful and void.