YOGANANTHY AS THAMBAIYA v. HARTA PUSAKA IDRIS OSMAN

[2020] 3 MLRA 393

YOGANANTHY AS THAMBAIYA v. HARTA PUSAKA IDRIS OSMAN
Federal Court, Putrajaya
Ahmad Maarop PCA, Ramly Ali, Alizatul Khair Osman Khairuddin, Abang Iskandar Abang Hashim, Idrus Harun FCJJ
[Civil Appeal No: 02(f)-25-04-2018(J)]
20 November 2019

JUDGMENT

Abang Iskandar Abang Hashim FCJ:

Preliminary

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as my learned brother Justice Ramly Ali FCJ and my learned sister Justice Alizatul Khair Osman Khairuddin FCJ have since retired. My learned brother Ahmad Maarop PCA, and my learned brother Justice Idrus Harun FCJ had read this judgment in draft and both of them agreed that this be our Judgment.

Salient Facts Of The Case

[2] The plaintiff in this case, Yogananthy A S Thambaiya ("the appellant") claims against Idris bin Osman ("the deceased") 55% of the deceased's shareholding in the latter's stock broking company, R & I Securities Sdn Bhd ("R & I") which at the material time was under receivership. It was a consideration for the appellant who gave financial assistance in the reorganisation of R & I by injecting monies into the latter to salvage it from financial difficulties.

[3] The deceased passed away in 2004 and his sons were substituted into the action as administrators of the estate of the deceased pursuant to the Federal Court's Order dated 12 September 2018. The estate of the deceased is thus referred to as the respondent.

[4] The appellant's claim is grounded on two documents listed as 'a' and 'b' below, namely:

a. A Statutory Declaration ("SD") allegedly affirmed by the deceased, dated 12 August 1987 which, according to the appellant evinced the fact of an agreement between the appellant and the deceased. The material part of the SD is set out in paras (2) and (3), where the deceased had stated as follows:

"(2) I am transferring the said 55% of the equity capital in R & I SECURITIES SDN to YOGANANTHY A/P A S THAMBAIYA in consideration for her help in proposing the reorganization scheme and putting forth the required collateral and cash as deemed necessary by the bankers for the revival and reactivation of the stock broking business of R & I SECURITIES SDN.

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