See Mee Chun J:

Introduction

[1] Enclosure 1 is the Applicant's application to remove a caveat entered by the Respondent on the land HSD 56 No Lot LO 361 Bandar Kluang, Daerah Kluang, Johor (Land) on 12 November 2019. On the land is situated Hotel Ailang (Hotel) of which the registered proprietor is Ailang Holding Sdn Bhd (Company).

Trust Deed

[2] Pursuant to a Trust Deed dated 10 October 2019 (Trust, exhibit WML-2, enclosure 2), one Wong Chong Yee @ Ashraf (Settlor/Ashraf) appointed the Applicant to be the sole trustee of his 300,005 ordinary shares (trust shares) in the Company.

[3] It was declared inter alia in the Trust that the Settlor has executed all the necessary documents for the Applicant to be appointed as the sole director of the Company and the trust shares to be transferred and vested onto the Applicant wherein the Applicant shall have full authority to run, operate and manage the Hotel and the Land (clause 1). Clause 2 provided the Applicant to have the absolute power and discretion to sell and dispose of the Hotel and the Land and hold the proceeds on trust for the benefit of the Trust.

Hibah

[4] Prior to the Trust, Ashraf had earlier executed a Dokumen Pengisythir