TAN SRI DATO (DR) ROZALI ISMAIL & ORS vs CHUA LAY KIM & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1472

COURT OF APPEAL PUTRAJAYA
TAN SRI DATO (DR) ROZALI ISMAIL & ORS – Appellant
Versus
CHUA LAY KIM & ORS – Respondent

Table of Content
1. plaintiffs challenged the high court's dismissal of their claim involving substantial funds. (Para 1 , 4 , 10 , 14)
2. key developments surrounding the trust deed and funds' disbursement raise concerns over what constitutes a sham. (Para 5 , 6 , 9 , 12)
3. issues before the court primarily related to the validity and implications of the trust deed. (Para 15)

[1] This is an appeal by the appellants (the plaintiffs before the High Court) against the decision by the High Court at Kuala Lumpur which dismissed the plaintiffs' claim against each of the respondents (the defendants before the High Court). The learned High Court Judge found that the plaintiffs have failed to prove their case against each of the respondents on a balance of probabilities.

[2] We heard the appeal on 4 August 2015 and to a continued hearing on 1 September 2015. Upon hearing the oral submissions of the counsel and having read their written submissions and the relevant Appeal Records, we reserved our judgment to be delivered on a date to be fixed. This is our decision.

[3] For convenience, we will refer to the parties as how they were referred to at the High Court.

The Parties

[4] The 1st defendant is

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2015 MarsdenLR 1472

COURT OF APPEAL PUTRAJAYATAN SRI DATO (DR) ROZALI ISMAIL & ORS – AppellantVersusCHUA LAY KIM & ORS – Respondent

COURT OF APPEAL PUTRAJAYA
TAN SRI DATO (DR) ROZALI ISMAIL & ORS – Appellant
Versus
CHUA LAY KIM & ORS – Respondent