CHONG YAW MING HEW AH FATT

CHONG YAW MING HEW AH FATT

The Court of Appeal held the Declaration of Trust dated 25.7.2011 was clear, binding and enforceable; evidence established the Defendant made the purchase payments and the Plaintiff did not contribute to the acquisition; Clause 5 fixes the purchase price basis (acquisition price in the SPA) and must be complied with, therefore the High Court's grant of the Plaintiff's reliefs was set aside and the appeal allowed.

Citation
B-02(NCVC)(W)-1051-06/2019 (Mahkamah Rayuan)
Parties
Appellant/defendant: Chong Yaw Ming; Respondent/plaintiff: Hew Ah Fatt
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
13 July 2020
Case Number
B-02(NCVC)(W)-1051-06/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Trial Decision
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Declaration of Trust, Sale and Purchase Agreement, Caveat, Calculation of Purchase Price, Validity of Part a Documents, Relief for Sale of Co Owned Property
Source Language
Malay/English
Trusts Property Law Equity Partnership Law Civil Procedure Declaration of Trust Sale and Purchase Agreement Caveat +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Chong Yaw Ming

Appellant/defendant

Hew Ah Fatt

Respondent/plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Trial Decision

Legal Issues

  1. 1 Whether the Plaintiff contributed financially to the purchase of the land
  2. 2 Whether the Plaintiff is a co-owner of the land
  3. 3 Whether the Declaration of Trust dated 25.7.2011 is valid and binding

Ratio Decidendi

The Court of Appeal held the Declaration of Trust dated 25.7.2011 was clear, binding and enforceable; evidence established the Defendant made the purchase payments and the Plaintiff did not contribute to the acquisition; Clause 5 fixes the purchase price basis (acquisition price in the SPA) and must be complied with, therefore the High Court's grant of the Plaintiff's reliefs was set aside and the appeal allowed.

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • High Court order set aside.
  • Appeal allowed with costs of RM5,000.00 subject to payment of allocator fee.