RHB TRUSTEES BERHAD (Menyaman sebagai Pemegang Amanah kepada Linggui Valley Orang Asli (Jakuns) Trust) v 1. ) FOLKS CORPORATE SERVICE SDN BHD 2. ) Ng Eng Kiat

wa-22ncvc-174-03-2024 High Court (Mahkamah Tinggi) 3 February 2026 • WA-22NCvC-174-03/2024

Catchwords

Conclusion [30] This is not a case in which automatic disqualification arises. There is no suggestion that this Court has any pecuniary or proprietary interest in the subject matter of the proceedings. In the absence of such interest, the applicable inquiry is whether, applying the objective standard, there exists a real danger of bias sufficient to warrant recusal on the ground of apparent bias. [31] For the reasons set out above, the Defendants have failed to demonstrate, on a balance of probabilities, that there is any real danger that this Court might unfairly regard, or have unfairly regarded, with favour or disfavour of the Defendants. The allegations advanced do not satisfy the threshold required to displace the presumption of judicial impartiality. [32] To the extent that the Defendants’ submissions may be understood as alleging actual bias, that contention is wholly unsupported by evidence. Actual bias requires proof that the decision-maker was influenced by partiality or prejudice in reaching a decision. No such proof was adduced. The argument appears instead to rest on a misapprehension of the distinction between judicial reasoning undertaken in the course of interlocutory determinations and any concluded determination of the merits. [33] In short, the burden of proof rested squarely on the Defendants to establish bias of a nature and degree sufficient to impair the impartiality of this Court. That burden has not been discharged. [34] In the premises, the Defendants’ application to recuse this Court is dismissed. Having regard to the nature and circumstances of the application, costs are awarded to the Plaintiff. The Defendants are ordered to pay the Plaintiff costs fixed in the sum of RM20,000.00, subject to allocator, such costs to be paid forthwith

Judges (1)

Roz Mawar binti Rozain Delivered

Parties (3)

FOLKS CORPORATE SERVICE Sdn Bhd Defendant RHB TRUSTEES BERHAD Trust) Plaintiff Ng Eng Kiat Defendant

Case Significance

RHB TRUSTEES BERHAD (Menyaman sebagai Pemegang Amanah kepada Linggui Valley O... is a High Court (Mahkamah Tinggi) decision dated February 3, 2026 (citation: wa-22ncvc-174-03-2024). The case was decided by Roz Mawar binti Rozain.

Key issues: [33] In short, the burden of proof rested squarely on the Defendants to establish bias of a nature and degree sufficient to impair the impartiality of this Court. That burden has not been discharged..

What was the outcome of RHB TRUSTEES BERHAD (Menyaman sebagai Pemegang Amanah kepada Linggui Valley O...?

RHB TRUSTEES BERHAD (Menyaman sebagai Pemegang Amanah kepada Linggui Valley O... is a High Court decision dated February 3, 2026. The case was heard by Roz Mawar binti Rozain. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-174-03-2024)