24 Sept 2024
LING SOON PING 1. ) KOPERASI PEMBANGUNAN PENDIDIKAN BHD 2. ) UNIVERSAL TRUSTEE (M) BERHAD
- Citation
- BA-12A-25-04/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-25-04/2024 (Mahkamah Tinggi)
The dispute falls outside section 82 because the second respondent is not a co-operative society and the reliefs sought (declaration of breach of trust and damages for breach of fiduciary duties) are not within the Commission's remedial scope; the claims against both respondents are intertwined; however the Sessions Court is barred by section 69(e) of the Subordinate Courts Act 1948 from adjudicating matters to enforce trusts, therefore the Sessions Court lacked jurisdiction and the appeal is dismissed with the proper forum being the High Court.