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HIGH COURT MALAYA, ALOR SETAR
YOON WAI CHEONG – Appellant
Versus
LEE SWEE HIN & ORS – Respondent
| Table of Content |
|---|
| 1. overview of fiduciary duties and claims (Para 1 , 2) |
| 2. plaintiff's ownership and breach of fiduciary duty. (Para 3) |
| 3. trustee's obligations and breach (Para 4 , 5 , 6 , 9 , 10 , 19) |
| 4. trust deed's admissibility and duties of trustee. (Para 8 , 18) |
| 5. evidence of d1's actions regarding n3s application. (Para 11) |
| 6. trustee's actions and implications on business conduct (Para 12 , 14 , 15 , 17) |
| 7. liability of third parties in trust breach (Para 20 , 21 , 23) |
| 8. determining proper party in breach of fiduciary duty. (Para 22) |
| 9. conclusion on plaintiff's claims against defendants (Para 24 , 26) |
| 10. involvement and liability of d2 and d3. (Para 25) |
1. Plaintiff's claim against First Defendant (D1) is for breach of fiduciary duty and damages arising therein. The particulars of breach are set out in paragraph 8(i) to (ix) of the Statement of Claim, Its claim against Second Defendant (D2) and Third Defendant (D3) is that they assisted and connived with D1 to breach the fiduciary duty. Plaintiff says he was the beneficial owner of 75,000 ordinary shares of RM 1.00 each fully paid up in SP Autotec Sdn Bhd (SP Autotec) by virtue of a trust deed dated 15-8-2002 whereby the shares
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