JUDGMENT

Balia Yusof Wahi JCA:

[1] This is an appeal against the decision of the learned High Court Judge in respect of two encls 65 and 81. Enclosure 65 is in respect of appeal no W-01- 311-2009 while encl 81 is for appeal no W-01-308-2009.

[2] By encl 65, the liquidator of the company, Shencourt Properties Sdn Bhd (Shencourt) is seeking inter alia, for declaratory orders and other consequential reliefs that the transfer of the 18 pieces of properties to the nominee company of the Chai Family, Liberty Pillar Sdn Bhd (LPSB) be declared null and void and the said properties be transferred back to the company.

[3] By encl 81, the Chai Family and LPSB is seeking inter alia for declaratory orders and other reliefs that the company, Shencourt Properties Sdn Bhd (in-liquidation) holds the 18 pieces of properties as bare trustee or alternatively as constructive trustee for the Chai Family and therefore the said properties do not form the assets of Shencourt for distribution to the general creditors, and that the transfer of the 17 pieces of the properties to LPSB was a valid transfer. Further, the Chai Family is also seeking for an order declaring that the Chai Family