Roz Mawar Rozain J:

[1] The Plaintiff brought this action in his capacity as an executor and trustee of estate of the late Lee Choon Hiong (Madam Lee), who passed away on 18 May 2021. The Plaintiff seeks to recover the sum of RM750,000.00 from the Defendants, alleging that these funds were transferred from the late Madam Lee's bank account through undue influence, and further seeking a declaration that certain trust documents executed by the late Madam Lee with the Third Defendant (D3) are void and illegal.

[2] Specifically, the main allegations are that the Defendants jointly and severally used undue influence to cause the late Madam Lee (she was about 80 years of age, wheelchair-bound and illiterate in English) to execute various trust documents. The First Defendant (D1) a Private Wealth Relationship Manager at CIMB Bank Berhad who had a fiduciary duty to the late Madam Lee, was in a position to dominate her will, and he did just that. The Plaintiff alleged that the Defendants had caused the late Madam Lee to issue a CIMB Bank Berhad cheque no 00001 dated 26 March 2019 that had transferred a total of RM750,000.00 to D3's account. The Plaintiff contended that after the trans