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COURT OF APPEAL , PUTRAJAYA
PUA KIM SENG – Appellant
Versus
MOHAMAD KHASHIM ABDUL SAKOR & ANOR – Respondent
| Table of Content |
|---|
| 1. trust deed ownership dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. conditions of the trust deed (Para 8 , 9 , 10 , 11) |
| 3. validity of the trust deed under company articles (Para 12 , 13) |
| 4. arguments regarding void contracts and public policy (Para 14 , 15 , 16 , 17) |
| 5. court's analysis on public policy and legality (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
GROUND FOR JUDGMENT
[1] By Originating Summons dated 15 December 2005 the Appellant sought inter alia a declaration that the 1st Respondent is holding 20 shares in the 2nd Respondent company on trust for the Appellant pursuant to a Trust Deed dated 25 November 2002.
[2] On 12 December 2006 the High Court dismissed the Appellant's Originating Summons with costs. Being dissatisfied with the said decision the Appellant then appealed to this Court against the decision vide Notice of Appeal dated 10 January 2007.
[3] On 29 July 2009, we allowed the Appellant's appeal. We now give the grounds for our decision.
[4] The relevant facts are as follows. The 1st Respondent, together with the Appellant and one Lim Aik Chin are all the shareholders and directors of the 2nd Respondent company. Their respective shareholdings
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