INFOLINE SDN BHD vs BENJAMIN LIM KEONG HOE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2924

COURT OF APPEAL PUTRAJAYA
INFOLINE SDN BHD – Appellant
Versus
BENJAMIN LIM KEONG HOE – Respondent

Table of Content
1. facts relating to the trust and beneficiary removal. (Para 1 , 2 , 3 , 4)
2. arguments against the disclosure of trust documents. (Para 5 , 6)
3. court analyzes confidentiality vs. beneficiary rights in trust documentation. (Para 7 , 10)
4. court's reasoning on the necessity of disclosure. (Para 8 , 9 , 36)
5. pre-action discovery is essential for determining viability of future claims. (Para 11 , 14 , 16)
6. necessity of specifying documents in pre-action discovery under o 24 r 7a. (Para 12 , 13 , 22)

[1] The present appeal arises from the High Cour's grant of the responden's application for a pre-action discovery under O 24 r 7A of the Rules of 2012. The respondent had sought discovery, disclosure and/or inspection of certain trust documents in relation to or howsoever connected to the "Tee Keong Family Trust" ("the Trust"). The Trust was created by the responden's late paternal grandfather, Lim Goh Tong, who passed away in 2007. The Trust was created and established under a Deed of Trust dated 18 May 1990, entered into between one Quah Chek Tin and the appellant, a company whose business is to act as a trustee. Lim Goh Tong had three sons and three daughters. His e

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2017 MarsdenLR 2924

COURT OF APPEAL PUTRAJAYAINFOLINE SDN BHD – AppellantVersusBENJAMIN LIM KEONG HOE – Respondent

COURT OF APPEAL PUTRAJAYA
INFOLINE SDN BHD – Appellant
Versus
BENJAMIN LIM KEONG HOE – Respondent