Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Trustees powers (s59,s60)
  • 16 Apr 2020

    Lee Swee Lee Voon Mei Lan

    Citation
    WA-24NCVC-1807-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCVC-1807-08/2019 (Mahkamah Tinggi)

    The trust deed and purchase agreement are clear and contemporaneous, establishing the defendant as trustee and the plaintiff as beneficial owner; the plaintiff's short delay in seeking performance was excused because the defendant did not notify or act to enforce the forfeiture clause, and the court may grant relief and order the trustee to execute transfer or issue necessary directions under Trustees Act ss 59 and 60; therefore the plaintiff's claims succeed.