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2025 MarsdenLR 2465

HIGH COURT MALAYA KUALA LUMPUR
CHEUNG HO FAT CYRUS – Appellant
Versus
NG KHAR BOON – Respondent


Petitioner Advocates:Dato' Chris Chin Shang Yoon,M Umarani ,Respondent Advocate: Eugene Yeap Zhe Jian,Dominic Chow Chock Teen

Roz Mawar Rozain J:

[1] The core dispute centers on whether a trust arrangement between former romantic partners was legitimate or void due to illegality, and the extent of financial obligations between them. The subject matter is a condominium unit at B-3A-01, Pavilion Hilltop Mont Kiara, No 5, Changkat Duta Kiara, 50480 Kuala Lumpur, together with two parking bays (the Property), purchased for RM1,580,000.00 in January 2019.

[2] The Plaintiff framed this as a straightforward resulting trust with the Defendant as trustee. The Defendant argued it was either an illegal scheme or a romantic gift, while appearing to shift legal strategies mid-case by raising new defences not originally pleaded. This Court must assess the parties' original intentions, the credibility of their respective accounts, and the application of established trust law principles to this admittedly unconventional arrangement.

Summary Of This Court's Findings

[3] This Court finds that: (1) a valid trust arrangement existed with the Defendant as trustee for the Plaintiff; (2) the arrangement is not void under s 24 of the Contracts Act 1950 ; (3) the Defendant materially breached the trust through wrongful retention of

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