HIGH COURT MALAYA KUALA LUMPUR
LAI KIAT YEONG – Appellant
Versus
HSBC (MALAYSIA) TRUSTEE BERHAD – Respondent
[1] The Plaintiff files an Originating Summons pursuant to s 12(5) and 12(6) of the Public Trust Corporation Act 1995 ( PTCA ) read together with s 51 and s 52 of the Specific Relied Act 1950 ( SRA ) seeking for the following orders:
1)To prohibit the Defendant and/or its servants and/or its agents and/or its employees and/or anyone acting under its control or direction from appointing Amanah Raya Berhad (ARB) and/or any other person as the new or additional trustee of 'The Lai Fook Kim Trust" (Trust) with a view that such new or additional trustee replace the Defendant as trustee of the Trust;
2)To prohibit the Defendant and/or its servants and/or its agents and/or its employees and/or anyone acting under its control from commencing any legal proceedings and/or from filing any applications in Court for an order that ARB and/or any other person be appointed as the new or additional trustee of the Trust with a view that such new or additional trustee replace the Defendant as trustee of the Trust.
[2] After hearing all parties, this Court dismissed the Plaintiff's claim with cost. The reasons are as deliberated.
Brief Facts
[3] The Trust was established on
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