5 Aug 2022
Loh Teck Wah 1. ) Liew Chia Soon 2. ) Fintree Capital Sdn Bhd 3. ) PNL Business Services Sdn Bhd 4. ) Lim Pang Kiam 5. ) Yap Chee Kheng
- Citation
- WA-24NCC-611-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-611-04/2022 (Mahkamah Tinggi)
Plaintiff failed to prove a trust over Liew's shares because there was no clear, documentary or unequivocal evidence of intention and the plaintiff's prior assertions in JM 1 that he was a creditor amounted to judicial estoppel; the allotment of shares to PNLBS and appointment of directors were valid acts by Liew as sole director and shareholder; granting the relief sought would place Loh in conflict with duties under Companies Act s218 and offend public policy under the Patel framework, therefore both originating summonses must be dismissed.