1. ) NURUL IZZATI BINTI ZAHID 2. ) MOHAMAD KHAIRI BIN ZAHID 3. ) MOHAMAD AZRI BIN ZAHID 4. ) MOHAMAD ZAFRI BIN ZAHID ZAHID BIN ABD AZIZ

1. ) NURUL IZZATI BINTI ZAHID 2. ) MOHAMAD KHAIRI BIN ZAHID 3. ) MOHAMAD AZRI BIN ZAHID 4. ) MOHAMAD ZAFRI BIN ZAHID ZAHID BIN ABD AZIZ

The High Court held the Plaintiff proved on the balance of probabilities that he intended to retain beneficial ownership of funds deposited in accounts registered in the Defendants' names, satisfying the three certainties for an express trust (traceable RM650,000, retention of passbooks and control over withdrawals). The Defendants' unauthorised actions (false police reports, account changes, withdrawals) constituted a breach of trust, and there was no compelling reason to overturn the Sessions Court's findings; therefore the appeal was dismissed and costs awarded.

Citation
BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant: NURUL IZZATI BINTI ZAHID; Appellant/defendant: MOHAMAD KHAIRI BIN ZAHID; Appellant/defendant: MOHAMAD AZRI BIN ZAHID; Appellant/defendant: MOHAMAD ZAFRI BIN ZAHID; Respondent/plaintiff: ZAHID BIN ABD AZIZ
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 July 2024
Case Number
BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court Judgment
Outcome
Appeal dismissed and Sessions Court judgment affirmed
Legal Topics
Express Trust, Three Certainties, Presumption of Advancement, Breach of Trust, Appellate Intervention
Source Language
Malay/English
Trusts Equity Civil Procedure Family Law Express Trust Three Certainties Presumption of Advancement Breach of Trust +1 more

Case Brief

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Parties

NURUL IZZATI BINTI ZAHID

Appellant/defendant

MOHAMAD KHAIRI BIN ZAHID

Appellant/defendant

MOHAMAD AZRI BIN ZAHID

Appellant/defendant

MOHAMAD ZAFRI BIN ZAHID

Appellant/defendant

ZAHID BIN ABD AZIZ

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether the funds deposited in ASB accounts were held on trust or constituted gifts
  2. 2 Whether the three certainties for an express trust were satisfied (intention, subject matter, objects)
  3. 3 Whether the Defendants breached fiduciary duties by changing account details and withdrawing funds without consent

Ratio Decidendi

The High Court held the Plaintiff proved on the balance of probabilities that he intended to retain beneficial ownership of funds deposited in accounts registered in the Defendants' names, satisfying the three certainties for an express trust (traceable RM650,000, retention of passbooks and control over withdrawals). The Defendants' unauthorised actions (false police reports, account changes, withdrawals) constituted a breach of trust, and there was no compelling reason to overturn the Sessions Court's findings; therefore the appeal was dismissed and costs awarded.

Court Disposition

Appeal dismissed and Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed