Balia Yusof Wahi J:

[1] The plaintiff an Australian, and the defendant a Malaysian, were married in Australia in 1997 and subsequently had their marriage registered in Malaysia in 1999. In 2004 they were divorced. the plaintiff financed the purchase of a property, a single storey bungalow known as No: 113, Jalan Chow Kai, Canning Garden, Ipoh, Perak and had it registered in the name of the defendant. By a trust deed dated 5 May 1999, it was declared that the whole of the purchase price of the said house was paid by the plaintiff and it was further declared that as consent in writing of the Foreign Investment Committee and the state authority of Perak are required for a foreigner to own property in Malaysia, the trust deed declares that the defendant holds the said property in trust of her husband, the plaintiff (beneficiary) until such time the plaintiff obtains the said consent to register the same in the plaintiff s name. The trust deed further declares that upon obtaining the consent of the relevant authorities, the defendant will, at the request of the beneficiary transfer the said property to the beneficiary or sell or transfer the same to such other person or otherwise