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2013 MarsdenLR 1941

HIGH COURT MALAYA KUALA LUMPUR
THE ROYAL BANK OF SCOTLAND BERHAD – Appellant
Versus
SENG HUAH HUA & ORS – Respondent


Table of Content
1. relief sought by plaintiff (Para 1)
2. background of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
3. evidence of the transactions (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)

[1] The Plaintiff in this Suit is claiming for amongst others the following relief:-

(i) a declaration that:-

a. the Defendants are constructive trustee for the said RM308,000.00 held in the Syarikat Kear Seng's Account;

b. the Plaintiff is the beneficiary of the said RM308,000.00 which is held in Syarikat Kear Seng's Account;

c. the Defendants are liable to pay the said RM308,000.00 to the Plaintiff as constructive trustee;

(ii) in the alternative to sub-paragraph (i) above, a declaration that the RM308,000.00 held in Syarikat Kear Seng's Account as monies had and received by the 1st to 4th and/or 5th Defendant to the Plaintiff's use;

(iii) an order that the 1st, 2nd, 3rd, 4th and/or 5th Defendant do within seven (7) days from the date of the Order is made, pay to the Plaintiff:-

a. the said RM308,000.00;

b. interests on the said RM308,000.00 at the rate of 4.0% per annum calculated from 19 September 2011 to the date of full and final payment thereof or at such rate and for such period as this

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