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HIGH COURT MALAYA PENANG
CHNG WHAI EARN & ANOR – Appellant
Versus
YEOH SHIAU HUI @ ATQUEENSON YEOH – Respondent
| Table of Content |
|---|
| 1. property ownership and trust transfer (Para 1 , 2) |
| 2. creation of a property sale agreement (Para 4 , 5 , 7) |
| 3. plaintiffs' claim of trust (Para 8 , 9 , 10 , 11 , 12) |
| 4. defendant's ownership and background (Para 14 , 15 , 17) |
| 5. burden of proof on plaintiffs (Para 20 , 21 , 24) |
| 6. constructive trust principles (Para 52 , 54 , 56) |
Introduction
[1] This suit concerns a property situated at Persiaran Gurney, Penang ("property"). Originally, the property was owned by the Plaintiffs. It was subsequently transferred by them to the Defendant ("D").
[2] The Plaintiffs claim that the transfer was done on the basis that D would hold the property on trust for them. The Plaintiffs now sue D to recover the property.
[3] After a full trial, I dismiss the Plaintiffs' claim. Here are the grounds of my judgment.
Background Facts
[4] On 27 December 2013, the Plaintiffs (as vendors) and D (as purchaser) entered into an agreement for the sale and purchase of the property at a purchase price of RM 500,000.00 ("SPA"). D took a bank loan to finance the purchase of the property. On 27 November 2014, the property was transferred to D.
[5] On 29 January 2016, D took another
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