27 Apr 2023
TMF Trustees Malaysia Berhad 1. ) Masraf Al Barakah Sdn Bhd 2. ) Coshare Holdings Berhad
- Citation
- WA-24NCC-835-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-835-08/2022 (Mahkamah Tinggi)
The court held that the Defendants remained bound by continuing obligations under the ACA and ACSA despite assignments; the Defendants breached those obligations by failing to provide complete documentation and to channel salary deduction proceeds, and the asserted defences (bare trustee status, garnishee/frozen accounts, tax dispute) did not excuse non‑compliance. Monetary compensation was inadequate and specific performance/mandatory relief was appropriate; accordingly the Originating Summons was allowed against the 2nd Defendant and the Plaintiff was entitled to compel compliance as sought…