24 Sept 2019
SRITAMA INDUSTRIES (M) SDN. BHD. (Co. No.: 162082-H) KETUA PENGARAH INSOLVENSI MALAYSIA (regarding the estate of a bankrupt, MURUGAN A/L SINGARAM, NRIC No.: 570814-10-5237)
- Citation
- BA-22NCvC-413-07/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-413-07/2017 (Mahkamah Tinggi)
On the facts the court accepted plaintiff's evidence that RM130,000 was paid, held the defendant holds legal title as a bare trustee for the plaintiff so suit is not time-barred (s9 inapplicable to specific performance and s22(1)(b) applies), found defendant suppressed material fact of obtaining Replacement IDT warranting an adverse inference, held Replacement IDT was obtained contrary to s166(1)(a)-(j) NLC, and exercised discretion to grant specific performance, order compensation to be assessed, grant mandatory injunction to compel surrender of Replacement IDT and order LA to cancel Replace…