14 Jun 2021
RAMESH @ MUTHU A/L NALLAYAN (as the Executor of the Estate of Nallayan a/l Ramasamy, Deceased) MARAPPAN A/L MUTHUSAMY
- Citation
- WA-22NCVC-585-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-585-09/2018 (Mahkamah Tinggi)
Defendant’s substantial admissions in pleadings together with reliable audited accounts established plaintiff’s entitlement to the deceased’s 5/6 beneficial shares and 5/6 of proven profits; defendant’s personal remuneration claim was unjustified and barred by fiduciary principles; the counterclaim failed on the evidence and was not time-barred because the trust was maintained as a running account; accordingly plaintiff’s claims were allowed and defendant’s counterclaim dismissed, with orders for valuation, transfer, indemnity and payment of audited profits.