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2019 MarsdenLR 503

HIGH COURT MALAYA KUALA LUMPUR
MTD CAPITAL BHD – Appellant
Versus
TAN SRI DR AZMIL KHALILI DATO KHALID – Respondent


Petitioner Advocates:Teh Meng Teck,Wong Sze Si,Chong Yeong Yoong ,Respondent Advocate: Logan Sabapathy,Gopi Seshadari,Chong Hau Yean,Vivian Oh

Table of Content
1. details of trust deed and trustee duties. (Para 1 , 2 , 3 , 4)
2. plaintiff's requests for account information. (Para 5 , 10 , 11 , 12)

[1] Pursuant to a Trust Deed dated 19 June 2015 executed by the Defendant ("the Trust Deed"), the Defendant agreed to act as a Trustee for the Plaintiff in respect of credit facilities amounting to RM 35 million ("Credit Facilities") that was obtained from Malayan Banking Berhad ("Maybank").

[2] The Plaintiff provided an amount of RM 14,695,588.15 in a fixed deposit account opened in the name of the Defendant ("Pledged Fixed Deposit") which was pledged to Maybank to secure the Credit Facilities.

[3] Under the Trust Deed, the Defendant agreed to utilise the Credit Facilities to invest in, purchase, sell, trade in securities listed on Bursa Malaysia Securities Berhad or on other stock exchanges approved by Maybank ("Investments/Assets") and to hold the Investments/Assets in trust for the Plaintiff.

[4] Under cl 1 (E) of the Trust Deed, it is provided that:

The Trustee shall hold and deal with the Assets in the interest of the Beneficiary, whether on a secured or unsecured basis, the trading of Assets and to enter into any financial trans

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