Malaysia Case Law: Decisions & Judgments

Topic

Presumption of advancement

Legal area

Court

30 Jan 2026

LIM HAN MING LIM HAN PENG

Citation

JA-22NCvC-186-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-186-11/2022 (Mahkamah Tinggi)

On the balance of probabilities the evidence (admissions by Defendant, deceased's contemporaneous handwritten records and LHDN valuation) established that the deceased paid RM800,000 for Lot Kedai Perling, RM645,000 were loans to Defendant with a partial repayment of RM90,000 resetting limitation, and the deceased remained a 25% partner when Luck Shopping Centre was sold; the Titah shares were an inter vivos gift to Plaintiff; Defendant's admissions, misrepresentations and intermeddling created a real conflict making him unsuitable as co-administrator; accordingly Plaintiff granted sole Lette…
14 Aug 2024

PEMPETISYEN PREMGANESH A/L DR K GANAISAN 1. ) NAGALETCHUMY A/P THANGARASU 2. ) Lee Shir Min PENCELAH ALAI SUNDRAM @ BALASARASWATHY A/P SUPPIAH

Citation

BA-33-279-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-279-05/2021 (Mahkamah Tinggi)

The application to intervene was dismissed because the Proposed Intervener failed to demonstrate the requisite legal interest under Order 15 r 6(2)(b) ROC 2012: affidavit admissions and pleadings show the deceased owned the jewellery and the Proposed Intervener accepted the deceased's wish to divide them (thereby renouncing ownership); she produced no documentary proof or grant of letters of administration to assert proprietary rights, and any role she has is to give evidence as a witness rather than to be joined as a party.
3 Jul 2024

1. ) NURUL IZZATI BINTI ZAHID 2. ) MOHAMAD KHAIRI BIN ZAHID 3. ) MOHAMAD AZRI BIN ZAHID 4. ) MOHAMAD ZAFRI BIN ZAHID ZAHID BIN ABD AZIZ

Citation

BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)

The High Court held the Plaintiff proved on the balance of probabilities that he intended to retain beneficial ownership of funds deposited in accounts registered in the Defendants' names, satisfying the three certainties for an express trust (traceable RM650,000, retention of passbooks and control over withdrawals). The Defendants' unauthorised actions (false police reports, account changes, withdrawals) constituted a breach of trust, and there was no compelling reason to overturn the Sessions Court's findings; therefore the appeal was dismissed and costs awarded.
20 Nov 2023

1. ) LOOH KEO @ LOOH LIM TENG 2. ) LOOH CHAI BOON (Mendakwa sebagai wakil Pertama) 1. ) LOOH CHEE PENG 2. ) Loo Chee Peng 3. ) Looh Chee Wee 4. ) Looh Pik Loo 5. ) Looh Kit Siang 6. ) Looh Loo Yeok 7. ) PROSPELL ENTERPRISE SDN BHD 8. ) YOKE

Citation

WA-22NCC-112-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-112-03/2022 (Mahkamah Tinggi)

On the totality of evidence the court found the plaintiff paid for and controlled the assets, intended nominees to hold shares for him, the presumption of advancement was rebutted, and both resulting and constructive trusts were established; defendants acted unconscionably and fraudulently; consequently beneficial interest in shares registered to Individual Defendants results back to plaintiff, constructive trust imposed, fraud established and remedies awarded including exemplary damages and costs.
20 Nov 2023

1. ) LOOH KEO @ LOOH LIM TENG 2. ) LOOH CHAI BOON (Mendakwa sebagai wakil Pertama) 1. ) LOOH CHEE PENG 2. ) Loo Chee Peng 3. ) Looh Chee Wee 4. ) Looh Pik Loo 5. ) Looh Kit Siang 6. ) Looh Loo Yeok 7. ) PROSPELL ENTERPRISE SDN BHD 8. ) YOKE

Citation

WA-22NCC-112-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-112-03/2022 (Mahkamah Tinggi)

On the totality of documentary and oral evidence the court found on the balance of probabilities that the Plaintiff funded and controlled the assets and never intended to give beneficial interest to the Individual Defendants; the presumption of advancement was rebutted; the beneficial interest resulted back to the Plaintiff (resulting trust) and, alternatively, a constructive trust arose because defendants' conduct was unconscionable and dishonest; equitable/common law fraud established; accordingly declarations and remedies including return of shares, exemplary damages and costs were awarded…
20 Nov 2023

1. ) LOOH KEO @ LOOH LIM TENG 2. ) LOOH CHAI BOON (Mendakwa sebagai wakil Pertama) 1. ) LOOH CHEE PENG 2. ) Loo Chee Peng 3. ) Looh Chee Wee 4. ) Looh Pik Loo 5. ) Looh Kit Siang 6. ) Looh Loo Yeok 7. ) PROSPELL ENTERPRISE SDN BHD 8. ) YOKE

Citation

WA-22NCC-112-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-112-03/2022 (Mahkamah Tinggi)

On the evidence the court found the Plaintiff proved that shares registered in the Individual Defendants' names were held on trust for him; the presumption of advancement was rebutted by substantial direct and circumstantial evidence, a resulting trust arose and, independently, a constructive trust was imposed because it would be unconscionable for the Individual Defendants to retain the beneficial interest; equitable/common-law fraud and dishonest concealment were established; remedies include declarations restoring beneficial interest to Plaintiff, transfer/restitution of shares, exemplary…
20 Nov 2023

1. ) LOOH KEO @ LOOH LIM TENG 2. ) LOOH CHAI BOON (Mendakwa sebagai wakil Pertama) 1. ) LOOH CHEE PENG 2. ) Loo Chee Peng 3. ) Looh Chee Wee 4. ) Looh Pik Loo 5. ) Looh Kit Siang 6. ) Looh Loo Yeok 7. ) PROSPELL ENTERPRISE SDN BHD 8. ) YOKE

Citation

WA-22NCC-112-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-112-03/2022 (Mahkamah Tinggi)

On the totality of direct and corroborative evidence the court found the plaintiff proved he remained beneficial owner and that nominees, including the five individual defendants, held shares on resulting and, alternatively, constructive trust; the presumption of advancement was rebutted, equitable/common law fraud established, and remedies including declaration of trust, return of beneficial interest, exemplary damages and costs were awarded to the plaintiff.
23 May 2022

KANNAN A/L MURUGESU VICKNESHARAN A/L KANNAN

Citation

BA-22NCvC-19-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-19-01/2022 (Mahkamah Tinggi)

On the balance of probabilities the court found plaintiff funded the purchase and repair of the vehicles, defendant acted in the capacity of a registrant/agent and held the vehicles on trust for the plaintiff and/or the plaintiff's company; accordingly the vehicles must be returned, JPJ transfer documents executed in favor of plaintiff, and limited costs awarded; defendant's counterclaims were not proven and were dismissed.
LEW PA LEONG V. CHI SHEN LAN

Citation

LEW PA LEONG V. CHI SHEN LAN
Court

Malaysian court

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.