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HIGH COURT MALAYA KUALA LUMPUR
LAI KIAT YEONG – Appellant
Versus
HSBC (MALAYSIA) TRUSTEE BERHAD – Respondent
| Table of Content |
|---|
| 1. establishment and nature of the trust (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. judgment dismissal and costs awarded (Para 2) |
| 3. plaintiff's argument on notice and costs (Para 9 , 10 , 11 , 12) |
| 4. defendant's counter-argument on notice validity (Para 13 , 14 , 15 , 16) |
| 5. analysis of notice requirements under ptca (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. trustee powers to appoint new trustee (Para 26 , 27 , 28 , 29 , 30) |
| 7. reasonable cause for trustee resignation (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. precedents on lawful trustee appointment (Para 39 , 40) |
[1] The Plaintiff files an Originating Summons pursuant to s 12(5) and 12(6) of the Public Trust Corporation Act 1995 ( PTCA ) read together with s 51 and s 52 of the Specific Relied Act 1950 (SRA) seeking for the following orders:
1)To prohibit the Defendant and/or its servants and/or its agents and/or its employees and/or anyone acting under its control or direction from appointing Amanah Raya Berhad (ARB) and/or any other person as the new or additional trustee of 'The Lai Fook Kim Trust" (Trust) with a view that such new or additional trustee replace the Defendant as trustee o
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