10 Jul 2025
MOHD NAGUIB BIN MD NADZRI 1. ) FADZLISHAH BIN FADZIL 2. ) FNZ SHIPPING & FORWARDING AGENCY (M) SDN BHD
- Citation
- BA-22NCvC-215-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-215-06/2023 (Mahkamah Tinggi)
On the balance of probabilities the Court found the RM100,000 payment was consideration for the 160,000 FNZ shares and that the 1st Defendant held those shares on trust for the Plaintiff; the three certainties of an express trust were satisfied by payment and subsequent conduct, the Articles of Association did not defeat an inter‑party trust, and an adverse inference was properly drawn from the Defendants’ failure to call the company secretary, leading to the order for transfer and costs.