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2018 MarsdenLR 2378

HIGH COURT MALAYA KUALA LUMPUR
BENJAMIN LIM KEONG HOE & ANOR – Appellant
Versus
INFOLINE SDN BHD – Respondent


Petitioner Advocates:Mohd Izral Khairy,Zack Lim,Carmen Jeow Pdk,Amiza Murad Pdk ,Respondent Advocate: Nicole Wee,Ling Li Ching

Wan Ahmad Farid Wan Salleh JC:

[1] The plaintiffs filed this suit on the premise that they are the beneficiaries of a trust known as the Tee Keong Family Trust ("TK Family Trust") and seek for a declaration as such. The defendant, Infoline Sdn Bhd is the trustee of the TK Family Trust.

[2] The application before me which is in encl 19, is filed by the plaintiffs for this Court to appoint one Adam Primus Verghese bin Abdullah ("Dato' Adam") as the receiver and manager over entire management assets of the TK Family Trust.

[3] The application is made under O 30 of the Rules of 2012 (" ROC ") read together with s 25(2) of the Courts of Judicature Act 1964 .

[4] On 26 February 2018, I had dismissed the application on the grounds that:

(a) The affidavit in support of the 1st plaintiff dated 30 August 2017 ("AIS") did not exhibit to the Court the proposed receiver's curriculum vitae as well as his consent.

(b) An affidavit of fitness of the proposed receiver was also not filed. I found support for the aforesaid proposition from the judgment of Stephen Chung JC (as he then was) in the case of Marcel Jude M S Joseph v. Chok Brother Sdn Bhd . The learned judge in his judgment made reference to

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