Low Hop Bing JCA:

Appeal

[1] This is the appellant's ("the plaintiff's") appeal against the decision of the High Court in dismissing his claim against the respondent ("the defendant") and in allowing the defendant's counterclaim, with costs.

Plaintiff's Claim

[2] The plaintiff's claim, based on a trust deed executed by the defendant on 16 February 1995 in favour of the plaintiff ("the trust deed"), prayed for the transfer, by the defendant to Amity Evergreen Sdn. Bhd, of the land held under H.S. (D) 76684, P.T. No. 12691 together with a double storey terrace house erected thereon ("the property"); the transfer, by the defendant to the plaintiff, of the sum of RM50,000 in the fixed deposit Account No. 4214262047346 at Kuala Lumpur Dang Wangi Malayan Banking Berhad ("the fixed deposit"); the refund by the defendant to the plaintiff of the sums of RM63,833.87 and S$23,374.91; damages; and costs.

Defendant's Counterclaim

[3] The defendant's counterclaim was for damages based on the plaintiff's breach of promise to marry the defendant, and a declaration that the trust deed is null and void, and costs.

Factual Background

[4] After a full trial, the High Court arrived at a specific findin