24 Oct 2021
DA-22NCVC-53-10/2018 (Mahkamah Tinggi)
- Citation
- DA-22NCVC-53-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCVC-53-10/2018 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that the full balance of RM116,000 was paid to Mariah & Co; consequently Defendant 2 did not become a bare trustee. The transfer to Defendant 1 is valid and Defendant 1 holds indefeasible title under s340(1) KTN. The IPA is academic given the transfer and the Plaintiff's bankruptcy; Plaintiff's declarations sought are refused. Defendant 2 must account for and repay the RM80,000 received from Plaintiff to the Director General of Insolvency.