CHAN CHEE CHIN @ CHUN CHOO CHIN v 1. ) LEE YOON HUAT 2. ) YOH SHEUE SHYUAN 3. ) CHIN YIK KEIN 4. ) SINTARI SDN BHD PIHAK TERKILAN MALAYAN BANKING BERHAD

wa-22ncc-565-08-2023 High Court (Mahkamah Tinggi) 24 August 2025 • WA-22NCC-565-08/2023 • 20 min read
4 cases cited (1 SG, 3 foreign)

Catchwords

Existence of an Express or Implied Trust – Whether the 3rd Defendant (the son-in-law) held his shares in Sintari Sdn Bhd on trust for the benefit of the Plaintiff - Constructive Trust – A trust imposed by law to prevent unjust enrichment – Cestui Que Trust - The beneficiary of the trust (the Plaintiff). Dishonest Assistance & Knowing Receipt – Whether the 1st and 2nd Defendants (the purchasers) had actual or constructive knowledge that the shares were trust property, thereby making them liable for the torts of knowing receipt or dishonest assistance. Validity of the Share Sale Agreement – Whether the sale of shares to the 1st and 2nd Defendants was a valid legal instrument or a sham transaction designed to expropriate the Plaintiff's assets (24.3, 25). Doctrine of "Equity's Darling" – Definition - A bona fide purchaser for value of a legal estate without notice of any prior equitable interest – Whether the 1st and 2nd Defendants were bona fide purchasers for value without notice (BFPVWN), effectively overriding any equitable interest held by the Plaintiff. Shadow Directorship – Whether the Plaintiff acted as a "shadow director" of the company, and if so, whether this status should have put the Defendants on notice regarding his ownership interests. Willful Blindness – Whether the Defendants deliberately failed to make inquiries into the true ownership of the shares despite suspicious circumstances (such as a significant reduction in the purchase price).

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Parties (6)

MALAYAN BANKING BERHAD Aggrieved Party SINTARI Sdn Bhd Defendant Chan Chee Chin @ Chun Choo Chin Plaintiff Chin Yik Kein Defendant Lee Yoon Huat Defendant Yoh Sheue Shyuan Defendant

Cases Cited (4)

SLR (1)
[1995] 2 SLR 424
UK (1)
[1993] 1 WLR 509
MY (2)
[1995] 4 MLRH 256 [1996] 2 CLJ 96

Judgment

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Source: eJudgment (wa-22ncc-565-08-2023)