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HIGH COURT MALAYA KUALA LUMPUR
ABDUL RAHMAN USOF & ORS – Appellant
Versus
RHB TRUSTEES BERHAD – Respondent
| Table of Content |
|---|
| 1. trust beneficiaries' interests and trustee conduct. (Para 1 , 2 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. allegations of mismanagement and undervaluation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21 , 22) |
| 3. trustee's fiduciary duties and lack of probity. (Para 24 , 26 , 27 , 29 , 30 , 32 , 38 , 39 , 40 , 41 , 45 , 49 , 50) |
| 4. legal grounds for setting aside orders. (Para 25 , 28 , 42 , 43 , 44) |
| 5. orders for removal and sale transparency. (Para 51) |
Introduction
[1] In Malaysia, we call our aborigines "Orang Asli", which is an apt nomenclature as it means "original people". There is a long and chequered history behind this case which was filed by 65 Orang Asli who are beneficiaries of a trust. Their tribe, which is part of the Jakun Tribe, 'came into big money' about three decades ago. More facts, as are necessary for the determination of this action, shall be elucidated below.
[2] Those 65 Orang Asli commenced this action to protect their interest upon discovering that the trustee of the trust has agreed to highly abnormal terms and conditions for the sale of trust properties. The trustee is RHB Trustees Berhad, whom they have rightly named as the responde
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