KUALA LUMPUR: A 36-year-old investor who sued his lawyer for holding his RM1.6 million in trust succeeded in getting a court order compelling the latter to return the money with interests.
High Court judge Datin Zabariah Mohd Yusof also ordered the defendant, Datuk Sin Yoong Min, to pay RM30,000 in costs to Lew Ban Kin over money which was allegedly paid in April last year to him for securing gaming licences to open Magnum 4D, Da Ma Cai 1 + 3D and Sports Toto outlets.
Lew later decided not to go ahead with the deal because Sin had tied him down with a consultancy agreement, dated April 12, 2010.
He said he had never agreed to any of the terms of the agreement, nor did he read or see the agreement.
Lew, through his newly appointed lawyer Ramesh N.P. Chandran, then sent letters to Sin asking for the money to be returned. However, the defendant refused to pay up.
Lew also asked the defendant to show proof that the money was still in the client's account but the defendant did not do so.
Lew claimed the RM1.6 million was not only his, but also belonged to other investors. But the defendant still did not return it.
The plaintiff then lodged a police report on Nov 3 last year.
In his defence, Sin denied holding the money in trust, claiming that the money was held by a consultant lawyer.
Ramesh told reporters yesterday that the judge, who delivered her decision in chambers, had concluded from the evidence produced that the consultancy agreement was a sham.
She also found there was no stamped copy of the agreement.
He added that Zabariah also found there were too many discrepancies in the defendant's testimony and deemed he was not a credible witness.
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