JUDGMENT

Abang Iskandar Abang Hashim PCA:

Introduction

[1] There are four appeals that were heard together involving a total of 12 questions of law ("QOLs") as granted at the leave stage. There are 8 QOLs in cases no 23 & 25 and 4 QOLs in cases no 24 & 26. They are, however, overlapping in some of the QOLs which will be dealt with together based on the issues as will be enumerated below.

[2] We heard oral submissions by all learned counsel representing the respective parties, and at the end of those submissions, we were not able to come up with a decision on that day, and we therefore indicated to all learned counsel that we needed a bit of time to consider the respective submissions and that they would be informed once a decision is reached pertaining to each of these appeals, in due course. We have now reached our decisions and what follows below are our deliberations of the issues raised and our reasons as to why we have so decided.

[3] My learned sisters Justice Hasnah Dato' Mohammed Hashim and Justice Rhodzariah Bujang have read this judgment in draft and they had indicated to me that they agreed with the same and that it becomes the judgment of this Court.

Background Facts And The Antecedent Proceedings

[4] These appeals emanate from three suits at the High Court which essentially involve a dispute between two siblings on shareholding in family companies. Theow Say Kow @ Teoh Kiang Seng ("Henry") is the eldest brother and Teoh Kiang Hong ("Gary") is the youngest brother.

[5] Chronologically, on 1 February 2008 (case no 22-58-2008), Henry filed a claim against Gary, his wife, their parents and others, on the basis of fraudulent transfer of the 4 landed properties held by the family companies wherein Henry was one of the shareholders who claimed to have invested about RM6.1 million for the purchase of the said lands in 1994/1995. It was on the basis of his alleged contribution that Henry claimed that Gary/wife/parents had held those properties on constructive trust ("Case A").