LEW PA LEONG V. CHI SHEN LAN

LEW PA LEONG V. CHI SHEN LAN

The presumption of advancement arising from the marital relationship made the wife the beneficial owner; the husband's asserted purpose to register the property in the wife's name to defeat creditors did not rebut that presumption and could not be used by him to claim the property back; documentary and affidavit evidence did not raise a credible triable issue to displace the presumption, so the High Court's dismissal of the originating summons was upheld.

Citation
LEW PA LEONG V. CHI SHEN LAN
Parties
Appellant/plaintiff: Lew Pa Leong; Respondent/defendant: Chi Shen Lan
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Appeal / Appeal to Court of Appeal (judgment)
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Resulting Trust, Presumption of Advancement, Intention to Create Trust, Transfers to Defeat Creditors, Assessment of Affidavit Evidence
Source Language
en
Property Trusts Equity Family Law Resulting Trust Presumption of Advancement Intention to Create Trust Transfers to Defeat Creditors +1 more

Case Brief

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Parties

Lew Pa Leong

Appellant/plaintiff

Chi Shen Lan

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal to Court of Appeal (judgment)

Legal Issues

  1. 1 Whether husband who paid purchase price but registered title in wife's name holds beneficial interest
  2. 2 Whether presumption of advancement applies between spouses and the effect on resulting trust
  3. 3 Whether evidence that transfer was to defeat creditors can rebut the presumption of advancement

Ratio Decidendi

The presumption of advancement arising from the marital relationship made the wife the beneficial owner; the husband's asserted purpose to register the property in the wife's name to defeat creditors did not rebut that presumption and could not be used by him to claim the property back; documentary and affidavit evidence did not raise a credible triable issue to displace the presumption, so the High Court's dismissal of the originating summons was upheld.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • Order of High Court dismissing originating summons dated 8 October 2004 affirmed