29 Oct 2023
TOH HONG HOOI 1. ) GOH TAT CHUAN 2. ) OTOFIN POWER (JOHOR) SDN BHD
- Citation
- JA-22NCC-37-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCC-37-07/2020 (Mahkamah Tinggi)
Court found Plaintiff funded the shares and contemporaneous documents (handwritten notes, pre-signed Form 32A transfers and directors' circular resolutions held in the secretarial file) corroborated a 65:35 trust arrangement; 1st Defendant produced no evidence of having paid consideration and thus a resulting/constructive trust arose; 1st Defendant's refusal to transfer and exercise of voting/disposal rights constituted breach; declarations, transfer orders and injunctions were therefore granted.