9 Jul 2020
1. Koh Cheang Yew (IC No: 911228-07-5111) 2. Koh Cheang Yeong (IC No: 940925-07-5697) 3. Koh Cheang Yoon (IC No: 971119-35-5143) 1. Koh Chong Khye (IC No: 550129-07-5043) 2. Koh Chong Poh (IC No: 610731-07-5355) 3. Koh Chong Jin (IC No: 631
- Citation
- PA-22NCVC-4-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCVC-4-01/2018 (Mahkamah Tinggi)
The trust deed reserved the trust corpus (including Lot 10199, the 28 houses and trustees' shares in the company) for use as place of interment and to generate income for mandatory expenses; trustees lacked power to appropriate houses or authorize fixed allowances/donations from trust assets without court sanction. The trustees executed an internal Trustees' Agreement and passed a resolution to appropriate houses and payments, thereby acting dishonestly and in breach of fiduciary duty. Section 35(2) did not justify the RM5,000 monthly allowance and s63 relief was denied because trustees faile…