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2025 MarsdenLR 1085

HIGH COURT MALAYA KUALA LUMPUR
PAUL LEONG KONG WAI – Appellant
Versus
JAMES JOSEPH DILLON & ANOR – Respondent


Petitioner Advocates:Brendan Navin Siva,Tang Joey ,Respondent Advocate: Wong Peism Ting Joshinae,Nursyazriena Ya'akub,Wong Chee Ming

JUDGMENT

Roz Mawar Rozain J:

[1] This case revolves around a dispute over 250,000 ordinary shares in Forensic Services (Malaysia) Sdn Bhd (FSM), a company providing forensic investigation services across Asia. The company is the 3rd Defendant in the Main Claim. The nature of FSM's business is forensic investigation services to insurance companies. The central question before this Court is whether these shares, issued on 26 June 2009 to the late Barry Ian Dillon (the Deceased) and his late wife Evelyn Dillon, were held on trust for the benefit of the Plaintiff (Paul Leong).

[2] Paul Leong, who is a director and shareholder of FSM, claims beneficial ownership of these disputed shares on the basis that he paid for them with an understanding that they would be held in trust for him. According to Paul Leong, the arrangement was made to assist the Deceased in renewing his work permit in Malaysia. The Plaintiffs claim is founded on three alternative legal bases: express trust, resulting trust, and constructive trust.

[3] The 2nd Defendant (Dr James Dillon), who is the son of the Deceased and the current Executor of his father's estate, firmly denies the existence of any trust arrangement. He

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