TEO CHOON HENG 1. TEO PEK HONG 2. TEO AH BEE 3. TEO AH GEK 4. TEO PECK WANG

TEO CHOON HENG 1. TEO PEK HONG 2. TEO AH BEE 3. TEO AH GEK 4. TEO PECK WANG

The appeal was allowed because the Sessions Court erred in finding the Plaintiff made no contribution and failed to place the burden on the Defendants to rebut the presumptions of gift/advancement and joint account ownership on a balance of probabilities; absent satisfactory rebuttal, the joint accounts were presumed to be held in equal shares and the Plaintiff was entitled to his computed share totaling MYR217,444.84.

Citation
JA-12B-51-07/2020 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Teo Choon Heng; Respondent / Defendant: Teo Pek Hong; Respondent / Defendant: Teo Ah Bee; Respondent / Defendant: Teo Ah Gek; Respondent / Defendant: Teo Peck Wang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2021
Case Number
JA-12B-51-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed with costs
Legal Topics
Presumption of Gift/advancement, Presumption of Joint Account Ownership, Jus Accrescendi, Burden of Proof, Nominee Account Allegation, Rebuttal of Presumptions
Source Language
Malay/English
Trusts Property Law Banking Law Equity Evidence Presumption of Gift/advancement Presumption of Joint Account Ownership Jus Accrescendi +3 more

Case Brief

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Parties

Teo Choon Heng

Appellant / Plaintiff

Teo Pek Hong

Respondent / Defendant

Teo Ah Bee

Respondent / Defendant

Teo Ah Gek

Respondent / Defendant

Teo Peck Wang

Respondent / Defendant

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether monies given to mother gave rise to presumption of gift/advancement
  2. 2 Whether monies placed in joint accounts gave rise to presumption of equal shares among joint account holders
  3. 3 Whether the Defendants rebutted the presumptions on a balance of probabilities

Ratio Decidendi

The appeal was allowed because the Sessions Court erred in finding the Plaintiff made no contribution and failed to place the burden on the Defendants to rebut the presumptions of gift/advancement and joint account ownership on a balance of probabilities; absent satisfactory rebuttal, the joint accounts were presumed to be held in equal shares and the Plaintiff was entitled to his computed share totaling MYR217,444.84.

Court Disposition

Appeal allowed with costs

Orders

  • Set aside the decision of the Sessions Court dated 2 July 2020
  • Declare that the joint accounts are presumed to be held in equal shares absent sufficient rebuttal