5 Dec 2024
MADURAI VEERAN A/L VEERAMALAI 1. ) GURUMOORTHY A/L VETHIAH 2. ) DERARAJ A/L MUTHUSAMY
- Citation
- BA-22NCvC-142-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-142-04/2023 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff proved a 1/3 beneficial interest: the plaintiff's name appears on the Sale and Purchase Agreement and bank financing documents (including loan approval, assignment and deed of receipt and reassignment) and testimony supported an oral contribution to the deposit; defendants' equitable defences and assertions of withdrawal or exclusive beneficial ownership by third parties were insufficiently proven; equity therefore protects the plaintiff's beneficial interest and court granted equitable relief (sale or buyout) and costs.