Malaysia Case Law: Decisions & Judgments

Topic

Constructive/resulting trust

Legal area

Court

4 Nov 2025

1. ) HAN ON SDN BHD 2. ) ACONMAN SDN BHD 1. ) EAS AIR-CONDITIONING SERVICES SDN BHD 2. ) Wong Kok Khoon

Citation

WA-22NCvC-276-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-276-05/2023 (Mahkamah Tinggi)

Application to amend (Encl 102) dismissed because it was filed late without cogent explanation, amounted to a tactical manoeuvre that materially changed the character of the suit by adding new equitable and tortious causes (estoppel, conspiracy, expanded fraud), and caused prejudice that could not be compensated by costs.
24 Mar 2025

PEMPETISYEN L E N (F) 1. ) P E N 2. ) Y E N

Citation

WA-33-419-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-419-08/2023 (Mahkamah Tinggi)

The Proposed Intervener was permitted to be joined because prima facie evidence indicated the Child’s proprietary and pecuniary interests in the TR Property that would be directly affected by the matrimonial proceedings, the Respondent’s failure to reply amounted to an admission supporting that prima facie case and his refusal to undergo DNA testing justified an adverse inference; intervention under procedural rules was therefore proper to protect the Child’s rights without pre-judging substantive trust issues.
31 Jan 2023

SUNGEI WANG INVESTMENT LTD Lim Hui Seng

Citation

WA-22NCvC-41-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-41-01/2019 (Mahkamah Tinggi)

Defendant materially and fundamentally breached the Agreement by failing to transfer the agreed shares, failing to appoint plaintiff's nominee to company boards and failing to procure necessary IPO due diligence and approvals; he became uncontactable and disabled performance in its entirety such that plaintiff lawfully terminated under s.40 Contracts Act 1950 and was entitled to recover monies paid. The RM2.8m cash advances were non-gratuitous benefits received by defendant and, together with the RM2m tranche, unjustly enriched him; equity imposes a constructive/resulting trust and restitutio…
5 Jan 2022

1. HASSAN BIN JAMALUDIN (NO. K/P: 491213-02-5201) 2. NASRIAH BINTI AHMAD (NO. K/P: 560116-07-5190) 1. SARIDAH BINTI ASHAARI (NO. K/P: 630208-07-5244) 2. NURUL FARIZA BINTI OTHMAN (NO. K/P: 840408-14-5820) 3. MOHD ADIB BIN OTHMAN (NO. K/P: 8

Citation

W-02(IM)(NCC)-634-05/2020 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-634-05/2020 (Mahkamah Rayuan)

Appeals dismissed: the plaintiffs' substantive complaints accrued by 6 May 1999 and are time barred under the Limitation Act; plaintiffs lacked locus standi to attack share allotments which, if actionable, are matters for the company; equitable reliefs are barred by laches and acquiescence; even if s.67 was contravened, allotments are not automatically void and do not give the plaintiffs the relief sought.
4 Aug 2020

GARY KUO YIN HO TEH WEI KIAN (MENYAMAN SEBAGAI WASI KEPADA ESTET TEH SOON SENG, SI MATI)

Citation

WA-22NCC-560-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-560-10/2019 (Mahkamah Tinggi)

The court held that the pleadings and evidentiary materials disclose a reasonable cause of action against the 6th Defendant and that there are disputed material facts (including allegations of fraud and the 6th Defendant's role as preparer of the asset list) which cannot be resolved on a summary application; accordingly striking out is unsafe and premature and the matter must proceed to trial.
18 Dec 2019

1. ) CHEW YEE HUI (NO.KP: 840425-13-5472) IN THE ORIGINAL ACTION 2. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE COUNTER CLAIM 1. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE ORIGINAL ACTION 2. ) 1. CHIANG DYI WOEI (No. KP: 840613-08-58

Citation

JA-22NCVC-193-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-193-09/2018 (Mahkamah Tinggi)

The court held that the loans, the initial and new SPAs and the Tenancy Agreements were illegal and sham; however the counterclaim Plaintiff was complicit and had unclean hands and thus was not entitled to relief; accordingly all claims and counterclaims were dismissed except that the Second Defendant was entitled to vacant possession and the Third Defendant was awarded costs of MYR35,000.

Malaysia Case Law

1. ) HAN ON SDN BHD 2. ) ACONMAN SDN BHD 1. ) EAS AIR-CONDITIONING SERVICES SDN BHD 2. ) Wong Kok Khoon

PEMPETISYEN L E N (F) 1. ) P E N 2. ) Y E N

SUNGEI WANG INVESTMENT LTD Lim Hui Seng

1. HASSAN BIN JAMALUDIN (NO. K/P: 491213-02-5201) 2. NASRIAH BINTI AHMAD (NO. K/P: 560116-07-5190) 1. SARIDAH BINTI ASHAARI (NO. K/P: 630208-07-5244) 2. NURUL FARIZA BINTI OTHMAN (NO. K/P: 840408-14-5820) 3. MOHD ADIB BIN OTHMAN (NO. K/P: 8

GARY KUO YIN HO TEH WEI KIAN (MENYAMAN SEBAGAI WASI KEPADA ESTET TEH SOON SENG, SI MATI)

1. ) CHEW YEE HUI (NO.KP: 840425-13-5472) IN THE ORIGINAL ACTION 2. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE COUNTER CLAIM 1. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE ORIGINAL ACTION 2. ) 1. CHIANG DYI WOEI (No. KP: 840613-08-58