JUDGMENT

Wong Kian Kheong J:

A. Introduction

[1] This case concerns a claim for beneficial ownership of shares in a Malaysian company and a trade mark registered under the Trade Marks Act 1976 (TMA) based on an express private trust and constructive trust.

[2] The 1st plaintiff company (1st plaintiff) is a Japanese company which provides post-weld heat treatment services (Services) since its incorporation on 25 March 1968. The 1st plaintiff owns a trade mark (Jemix Mark) which is used in the provision of the Services. The Jemix Mark has been registered as a trade mark in Japan on 28 April 1981.

[3] The Hiramatsu family owns and runs the 1st plaintiff. Mr Takuya Hiramatsu (SP1) was the President of the 1st plaintiff from June 1971 to 7 December 2007. Mr Keita Hiramatsu (SP3) is SP1's son and has taken over as the 1st plaintiff's President with effect from 7 December 2007.

[4] The 2nd plaintiff company (2nd plaintiff) was incorporated in Singapore on 5 June 1981 and is controlled by the 1st plaintiff. The 2nd plaintiff also provides the Services based on the Jemix Mark in South East Asia (SEA).

[5] The 1st defendant company (1st defendant) was incorporated in Malaysia on 8 Febru