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2009 MarsdenLR 1270

FEDERAL COURT PUTRAJAYA
TAKAKO SAKAO – Appellant
Versus
NG PEK YUEN & ANOR (NO 3) – Respondent


Petitioner Advocates:Manjit Singh Saini ,Respondent Advocate: Wong Kian Kheong,Harjinder Kaur,Alex Tan,Abigail Lai

Table of Content
1. justice application overview. (Para 1 , 2)
2. jurisdiction to stay execution. (Para 3 , 4)
3. nature of constructive trusts. (Para 5 , 6)
4. discussion on review merits. (Para 7 , 8)
5. tracing rights in constructive trusts. (Para 9 , 10 , 11 , 12 , 13)
6. order for costs discussion. (Para 14 , 18)
Gopal Sri Ram FCJ:

[1] This is an application to stay execution on the judgment of this court pending the outcome of an application by the second respondent to have this court review the principal judgment. The background to this application is as follows.

[2] On 16 October 2009, this court allowed the appellant's appeal, reversing the judgments of the courts below and holding that the appellant was the beneficiary under a constructive trust which bound the conscience of the second respondent as trustee. On 27 October 2009, orders were made to protect the subject matter of the trust in specie. On 13 November 2009, the court was advised that the subject matter of the trust had been sold off unilaterally by the second respondent and that it had pocketed the proceeds of the sale. An order in the form of specific relief was then made to give effect to the principal judgment of thi

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