Malaysia Case Law: Decisions & Judgments

Topic

Declaration of trust

Legal area

Court

29 Jan 2026

TAN SRI RAHIM BIN TAMBY CHIK 1. ) THE RAIN MAKER MGMT SDN BHD 2. ) My Premier Trustee (Malaysia) Berhad PENCELAH BRIGHT WORLD MARKETING PTE. LTD.

Citation

WA-22NCvC-567-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-567-08/2021 (Mahkamah Tinggi)

Plaintiff failed to discharge the legal burden to prove Defendant Second was liable for the unpaid monthly return and capital. The contractual documentation (Declaration of Trust and Master Service Agreement) and factual findings established that Defendant Second merely acted as trustee and disbursed the trust funds to ACAM (the Advisor); clause 7.3 relieved the trustee of liability after disbursement. Consequently the plaintiff's claim against the trustee is dismissed and the trustee's counterclaims for declarations of non-liability and that the Mareva injunction was mala fide succeed.
17 Nov 2025

AFFIN BANK BERHAD 1. ) IHAA CAPITAL SDN. BHD. (Dahulunya dikenali sebagai IHAA Holding Sdn. Bhd.) 2. ) LIM PHECK JOO 3. ) GREGORY AMOS YOON PENG SUM 4. ) WAN NASIR BIN WAN MUSTAPHA PENCELAH EVERSHINE IMPEX SDN BHD

Citation

WA-22NCC-562-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-562-08/2024 (Mahkamah Tinggi)

Enclosure 28 was dismissed because summary judgment entered on 20.1.2025 concluded the proceedings so the court was functus officio and the Proposed Intervener could not intervene post-judgment; the proper forum for proprietary claims over the charged property is the foreclosure/order for sale proceedings or a separate in personam action, not this monetary action; the unregistered Declaration of Trust did not establish a legal interest that could defeat a registered charge; and the intervener failed to demonstrate special or exceptional circumstances to justify a stay of execution.
13 Nov 2025

LITA NASYITAH GOH BINTI ABDULLAH 1. ) ROSLAN BIN A. GHAFFAR 2. ) BIMBINGAN GALAKAN SDN BHD

Citation

WA-22NCvC-278-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-278-05/2018 (Mahkamah Tinggi)

The court accepted the March 2016 GUH Holdings Berhad arm's length transaction (1,166,667 shares for RM11,000,000) as the appropriate market benchmark, derived a per share value of RM9.43 and assessed the 50,000 shares at RM471,500; the 1st Defendant breached the trust and is liable to pay equitable compensation (general damages) for failure to restore the trust property; the court awarded RM1,000,000 as general damages, interest at 5% p.a. from 26 January 2021 and costs RM20,000.
19 Aug 2025

1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/P VENGADASALAM JAYA A/P I.N. GOPAL

Citation

A-02(NCvC)(A)-571-04/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

A-02(NCvC)(A)-571-04/2024 (Mahkamah Rayuan)

The Court dismissed the appeal because the Plaintiffs failed to prove the requisite three certainties for a trust and there was no contemporaneous declaration or notation on Form 14A or title indicating a trust; the 1995 transfer was an absolute inter vivos gift formalised by registration, and the Plaintiffs' prolonged silence (25 years) invoked laches, barring equitable relief.
10 Apr 2025

CHUNG KIAT ENTERPRISE SDN BHD 1. ) Ng Ah Lek 2. ) Ng Choon Seng 3. ) Ng Choon Hock (Ketiga-tiganya Sebagai Wasi-wasi Kepada Harta Pusaka Simati, Ngu Sui Tin @ Ng Swee Lean) 4. ) Ng Choon Hock

Citation

KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-70-06/2018 (Mahkamah Tinggi)

On the balance of probabilities the deceased held the land as trustee for the Plaintiff: the Directors' Resolution, audited accounts, use of the land as company collateral and the executed Form 14A expressly describing the deceased as 'pemegang amanah' cumulatively establish equitable beneficial ownership; registration failure does not defeat the equitable trust; accordingly the deceased's Will cannot pass the land and the court will grant a declaration of trust but not a direct transfer of legal title, which must be pursued through estate or registration processes.
10 Apr 2025

CHUNG KIAT ENTERPRISE SDN BHD 1. ) Ng Ah Lek 2. ) Ng Choon Seng 3. ) Ng Choon Hock (Ketiga-tiganya Sebagai Wasi-wasi Kepada Harta Pusaka Simati, Ngu Sui Tin @ Ng Swee Lean) 4. ) Ng Choon Hock

Citation

KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-70-06/2018 (Mahkamah Tinggi)

The Plaintiff established on the balance of probabilities that the Deceased held the land as trustee for the Plaintiff based on cumulative evidence (directors' resolution, audited financial statements, use of land as corporate collateral, and executed Form 14A expressly recording the Deceased as trustee); equity therefore recognises Plaintiff's beneficial ownership, the Deceased could not validly devise the trust property by Will, and the appropriate relief in this action is a declaratory finding of trust while vesting of legal title must be addressed through estate procedures.
10 Dec 2024

1. ) Abdul Halim bin Idris 2. ) Mohd Salehuddin Bin Idris Fauzi bin Idris

Citation

KA-22NCvC-61-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-61-12/2021 (Mahkamah Tinggi)

On the balance of probabilities Plaintiffs proved existence of the trust and their respective faraid entitlements; Defendant produced no credible evidence that the alleged family meeting condition formed part of the trust or that Plaintiffs had agreed to deductions; a trustee cannot unilaterally impose such conditions; Defendant's retention and diversion of Plaintiffs' shares to his personal account amounted to breach of trust, entitling Plaintiffs to declaratory relief, payment of the specified sums, interest and costs.
28 Oct 2024

1. ) HO HAU WONG 2. ) JERARD CO. LTD 3. ) JERARD GLAMOUR LIMITED 4. ) JERARD GLAMOUR STRATEGY LIMITED 5. ) RED AND BLUE INVESTMENT CO. LTD 1. ) CHIN CHOONG KIT @ JOSEPH CHIN 2. ) Choong Hoong @ Philip Chin 3. ) CHIN PENG SIN 4. ) Yap Wai Fo

Citation

WA-22NCC-14-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-14-01/2020 (Mahkamah Tinggi)

The amendment application was dismissed because the substitution of the original 290 titles with 120 new titles is a substantive change, not a clerical or accidental slip within Order 20 Rule 11; the judgment was sealed and the Court is functus officio; allowing the amendment would alter parties' rights and prejudice third parties and raises novel legal questions (including operation of s131 NLC) that require full hearing, not correction under the Slip Rule.
23 Sept 2024

BISHOPGATE CAPITAL LIMITED 1. ) BOSTON ASIA CAPITAL LLC 2. ) MEHAMOOD HOSEIN

Citation

WA-22NCvC-514-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-514-08/2018 (Mahkamah Tinggi)

The High Court accepted the Plaintiff's evidence on the balance of probabilities (per s101 Evidence Act 1950 and ALW Car Workshop v AXA) that the monies in the 1st Defendant's account were held in trust for the Plaintiff, that the Defendants breached that trust by withholding the monies, and the Court could, using its inherent jurisdiction, include the Court of Appeal's mandatory injunction order as part of the relief; accordingly the Plaintiff's claim was allowed and costs awarded.
4 Sept 2024

Chai Jook Kew (Menyaman sebagai Pentadbir Harta Pusaka Si Mati, Chai Yen Chong) 1. ) Chai Jen Chiew (Didakwa Sebagai Wakil Diri Harta Pusaka Chai King Chong, Si Mati Menurut Perintah Mahkamah Bertarikh 30.9.2020) 2. ) Chai Fook Chong 3. ) C

Citation

WA-22NCvC-66-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-66-01/2020 (Mahkamah Tinggi)

On admissible evidence (authentic handwritten notes admitted under s73A, the deceased's will, credible testimony of the 2nd Defendant, and the conduct/admissions of the 1st and 3rd Defendants) the deceased had contributed to the purchase of the Nutting property; the estate was entitled to one half of the sale proceeds after deduction of sale expenses and after allowance of permitted gifts of AUD330,000 to each of the 2nd and 3rd Defendants. The Plaintiff failed to prove any proprietary interest or fraud to defeat the registered title to the Puchong land under s340 National Land Code, so that…