JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Defendant applied to set aside a consent judgment which was recorded with the Plaintiff on 4 February 2016. This application is made by virtue of O 1A, 3(5), 41(13) and 92(4) of the Rules of 2012 ("the Rules").

Background

[2] The dispute between the Plaintiff and the Defendant is with regards to a 2-storey bungalow held under the title HS(D) 64555, Lot No. PT 38591, Kuala Lumpur having the residential address of No. 22 Jalan Tualang Bukit Bandaraya, Kuala Lumpur ("the property").

[3] The Plaintiff in this civil suit filed against the Defendant, one of her 5 children, is for a Declaration that the Defendant holds this property as a trust for the Plaintiff by virtue of a Trust Deed and a Power of Attorney both dated 29 September 2010.

[4] This trust was created to register the property in the name of the Defendant, in order for the Defendant to obtain a loan from the Standard Chartered Bank to finance his business. The transfer of the property from the Plaintiff to the Defendant was on the basis of natural love and affection without any consideration being paid.

[5] The property was charged to the Standard Chartered Bank as a security for a loa