COURT OF APPEAL PUTRAJAYA
LEE KAI WUEN – Appellant
Versus
LADANG SRI HARAPAN (SABAH) SDN BHD – Respondent
| Table of Content |
|---|
| 1. trust claims regarding company property (Para 1 , 2 , 3 , 4) |
| 2. background of the company's operations and ownership (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. defendant's defense regarding the trust (Para 14 , 15 , 16) |
| 4. high court's dismissal of the plaintiff's claims (Para 17 , 18) |
| 5. plaintiff's arguments against the high court's decision (Para 19 , 20 , 21) |
| 6. defendant's arguments supporting the high court's decision (Para 27 , 28 , 29 , 30) |
| 7. court's reasoning on trust and corporate veil (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. court's findings on the correspondence and trust (Para 39 , 40 , 41 , 42) |
Introduction
[1] The appellant, who is the plaintiff in the original suit, claims against the respondent (defendant) that the bungalow known as Lot B11, Garden Villa, Mile 6, North Road, Sandakan, Sabah held under Master Title No.CL 075477584 (bungalow) is held on trust by the respondent for the appellant and for the said bungalow to be transferred to the appellant's name.
[2] It was not disputed that the bungalow is registered under the respondent's name.
[3] The High Court found that no trust can be created over a company's property b
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