Liza Chan Sow Keng J:

GROUNDS OF JUDGMENT

INTRODUCTION

[1]This action is a family dispute where the octogenarian Plaintiff seeks the return of the shares in Companies presently registered in the names of his 5 youngest children, the 1^st to 5^th Defendants (“Individual Defendants”), which the Plaintiff claims are held on trust for him.

Background

[2]The backdrop of this case tells of a most remarkable feat of a self- made man, with only a standard one education by reason of poverty and circumstances, illiterate and unable to read in English and Malay, who started working at 8 years old to help support his family, went on to build a substantial business empire and provided for his family.

[3]The Plaintiff has 9 children by 3 wives. He is a traditional Hakka Chinese patriarch, an authoritative man who headed and directed both his immediate and extended family. In running the Plaintiff’s business, he was a man who expected obedience and he received it. He took responsibility for the entire family and was in turn respected by them. Dr Liong (PW8), the Plaintiff’s youngest brother, explained it this way:

“PW8: Let me be very clear again. Looh Lim Teng, my brother, told me “I am the owner of all these shares. When I ask you to assign to whichever nephew or make them the director, you please follow my instruction”. So, I say “yes, brother, that is your share and you are my eldest brother. I follow instruction”. That is the usual practice over the years. Can I add a bit? My family is a typical Hakka conventional family. We work on a very important concept called family governance. That means, we don’t need contract. But by virtue of the fact he is my eldest brother and we respect him a lot, you can see over the years, all the brothers, sisters, we work tirelessly together with him. So we do not need contract. But we saw a man of honouring. That’s why, when my brother asked me to do it, I will do it faithfully.”

[4]6 other family members of the Plaintiff testified to like effect comprising: Liong Kiu (PW5), the Plaintiff’s younger brother, Admund Looh (PW7), the Plaintiff’s eldest son), Desmond Looh (PW6), the Plaintiff’s 4^th child; Lim Meow Fook (PW2,) Plaintiff’s brother-in-law; Lang Tuang Mauh (PW3), another of the Plaintiff’s brothers-in-law, Chan Chung Yen (PW4), the Plaintiff’s daughter-in-law (Michael Leong’s wife).

[5]The Individual Defendants are 5 out of 9 children of the Plaintiff. D3 is from the Plaintiff’s 2^nd wife whilst D1, D2, D4 and D5 are from the Plaintiff’s 3^rd wife. They were involved and had employment in the Plaintiff’s business in its later years effective as follows:

D1/Sampson Looh : 2008

D2/Bill Looh : 2004

D3/Carmen Looh : 2012

D4/Nathan Looh : 2011

D5/Shandy Looh : 2013

[6]At time of filing of action, the Plaintiff was 80 years of age and has had open-heart surgery in September 2020. He had to and still is undergoing dialysis on a weekly basis in Penang.

[7]This action was filed as a result of the Individual Defendants’ refusal to cooperate when the Plaintiff sought to put his affairs and assets in order after his open heart surgery in September 2020.

Assets built through the years of Pl ainti ff’s toil and efforts

[8]By Bill Looh’s (DW2) own estimation, the assets of at least approximately 8700 acres of oil palm plantation land alone has a conservative value ranging between approximately RM261 million and RM348 million.

Changes in share ownership and directorship after the individual defendants joined the Plaintiff’s business

[9]The Individual Defendants presently in various combinations, control the 6^th to 14th (except the 10^th to 12th) Defendants at the Board and/or shareholder levels.

[10]The changes in shareholding after the individual defendants joined at various times the Plaintiff’s business are: