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2007 MarsdenLR 2863 ; 2007 MarsdenLR 1

MOKHTAR SIDIN, SURIYADI HALIM OMAR, ZULKEFLI AHMAD MAKINUDIN
HENG YEA LEE – Appellant
Versus
CHEAH CHENG LAN – Respondent


Advocates:
For the appellants - Christopher Fernando (Muhammad Faiz Fadzil with him); M/s Aris Rizal Christopher Fernando & Co
For the respondent - Dato M Pathmanathan; M/s M Pathmanathan & Co

JUDGMENT

Suriyadi Halim Omar JCA:

[1] The 1st appellant is a shareholder and director of a private limited company called Jee Tra Trading (M) Sdn. Bhd (hereinafter referred to as the company), incorporated under the laws of Malaysia on 8 February 1986. She holds 132,501 ordinary shares of the company representing 50% of the issued and paid up capital. The respondent also holds 50% of the issued and paid up capital of the company. In a nutshell these two personalities, holding equal share in the company, are the owners of the company. This company's principal businesses are the Pan Malaysian Big Sweep and the lucrative Numbers Forecast Agency for Pan Malaysian Pools Sdn Bhd at 3 outlets. It is a company that carries out the business of gambling.

[2] To operate these outlets this company had the usage of 3 licences, each issued under the personal names of the respondent, 1st appellant and 2nd appellant obtained from a company called Usaha Tegas Sdn Bhd. Three (3) Agency Agreements were executed between these persons and the company, whereby the agreements had created a trust in favour of the company. Each of the appellants and respondent, referred to as nominees in the agreements, ha

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