Malaysia Case Law: Decisions & Judgments

Topic

Secret trust

Legal area

Court

16 Mar 2023

Fung Lee Mee @ Jellsie 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily

Citation

S-01(NCvC)(W)-390-08/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-390-08/2020 (Mahkamah Rayuan)

Appeals allowed; High Court judgment set aside. On the balance of probabilities the court found the MOT and transfers were valid or, alternatively, the evidence and practice supported the legitimacy of the transfer and the existence of a trust for the mother; the bank was a bona fide subsequent chargee entitled to deferred indefeasibility of its charge. Result: plaintiffs' claim dismissed and costs awarded to appellants.
16 Mar 2023

Public Bank Bhd 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily 3. ) Registrar of Titles, Land & Surveys Department

Citation

S-01(NCvC)(W)-379-08/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-379-08/2020 (Mahkamah Rayuan)

The Court of Appeal allowed both appeals, set aside the High Court order, held that the plaintiffs failed to prove forgery of their signatures and had not discharged the burden on balance; the transfer was valid (consistent with a secret trust for the mother) and the 3rd Defendant Bank was a bona fide subsequent chargee entitled to deferred indefeasibility; plaintiffs' claims were dismissed and costs awarded to the appellants (RM70,000 and RM30,000 respectively).
24 Feb 2020

1. CHIN JHIN THIEN (NO. K/P : 820727-07-5171) 2. CHIN JUNE SONG (NO/ K/P : 790524-07-5054) 1. CHIN HUAT YEAN @ CHIN CHUN YEAN (NO. K/P : 440107-02-5435) 2. CHIN JHIN KHIM (NO. K/P : 700216-07-5421)

Citation

02(f)-29-04/2019(P) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-29-04/2019(P) (Mahkamah Persekutuan)

Secret trusts are part of the law of trusts and enforceable in Malaysia under the statutory reception of English common law and equity; on the facts the defendants established a prima facie case of testamentary capacity and the existence of a secret trust for the benefit of the deceased’s second wife and children, so the will was valid and the Court of Appeal’s allowance of the appeal was correctly affirmed; the Federal Court dismissed the appeal with costs.

Malaysia Case Law

Fung Lee Mee @ Jellsie 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily

Public Bank Bhd 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily 3. ) Registrar of Titles, Land & Surveys Department

1. CHIN JHIN THIEN (NO. K/P : 820727-07-5171) 2. CHIN JUNE SONG (NO/ K/P : 790524-07-5054) 1. CHIN HUAT YEAN @ CHIN CHUN YEAN (NO. K/P : 440107-02-5435) 2. CHIN JHIN KHIM (NO. K/P : 700216-07-5421)