Malaysia Case Law: Decisions & Judgments

Topic

Rebuttal of presumption

Legal area

Court

6 Feb 2025

Ibrahim Bin Kamarudin {Wakil Diri Kepada Simati, Kamarudin Bin Abd Talib, No. K/p: 350401-10-5023]] AZLAN BIN AMINUDDIN

Citation

BA-22NCvC-129-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-129-03/2021 (Mahkamah Tinggi)

Court found the Hulu Langat land was purchased with proceeds of the deceased father's sale and the defendant failed to prove a gift; equity imposes a constructive trust over the land in favour of the plaintiff, the presumption of gift was rebutted, and the claim is not barred by limitation under s22(1)(b).
28 Mar 2023

Tan Tai Kwan

Citation

WA-42R-2-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42R-2-04/2021 (Mahkamah Tinggi)

The court found the prosecution had established a prima facie case; the statutory presumption under Section 50 applied and the accused failed to rebut it on the required standard; the evidence of the JPN officer and SPRM officers was credible and corroborative; the Sessions Court erred in acquitting after calling the accused to defend; conviction under Section 17(b) MACC Act 2009 was entered and sentence of 1 day imprisonment and RM30,000 fine (6 months imprisonment if unpaid) was imposed after balancing public interest and mitigating factors.
12 Apr 2022

CHEW HIAN TAT WIU KAI FONG

Citation

WA-22NCC-376-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-376-08/2020 (Mahkamah Tinggi)

Plaintiff paid for the shares which were registered in the defendant's name without consideration or gift, thereby giving rise to a presumption of resulting trust; the defendant failed to adduce sufficient evidence to rebut that presumption or to prove an agreement that the shares were consideration for services, and alleged services were duties as a director to be paid by the company rather than by the plaintiff; therefore the shares are held on trust for the plaintiff and must be transferred to him.

Malaysia Case Law

Ibrahim Bin Kamarudin {Wakil Diri Kepada Simati, Kamarudin Bin Abd Talib, No. K/p: 350401-10-5023]] AZLAN BIN AMINUDDIN

Tan Tai Kwan

CHEW HIAN TAT WIU KAI FONG