JUDGMENT

Steve Ritikos JC:

The Parties' Respective Claims

[1] The plaintiff claims against the defendant for the following reliefs:

(a) A declaration that the defendant do hold the half undivided shares in a three-storey terraced house identified as TB14431, No 6, Grace Avenue, KM7, Jalan Sin Onn, Tawau, located within 6 master title deeds numbered CL105519015, CL105519024, CL105518992, CL105519006, CL105519051 and CL105519033 (hereinafter referred to as "the House in Grace Avenue"), on trust for the plaintiff;

(b) An order that the defendant do transfer and/or cause to be transferred the undivided shares held by her in the House in Grace Avenue to the plaintiff within 90 days from the date of the judgment, with costs arising therefrom to be borne by the plaintiff;

(c) Costs, and

(d) Any other relief as the court deems fit and proper to grant.

[2] The defendant counterclaimed against the plaintiff, as follows:

a) A declaration that the House in Grace Avenue was and is a matrimonial property acquired during the plaintiff and the defendant's marriage;

b) A declaration that the defendant is entitled to her half undivided share in an equal share with the plaintiff in the House in Grace Avenue;

c) An order that the defendant to receive half of the net proceeds of sale from any Purchaser of the House in Grace Avenue;

d) any other relief this court deems fit to grant;

e) Cost; and

f) Interest on cost awarded by the court.

The Brief Facts

[3] On the 12 July 2001, the plaintiff and the defendant were married to one another in Tawau. The marriage ended in a divorce in 2011. Out of the marriage, they had one son, Ng Xuan Hao, born on the 2 December 2001.

[4] During the course of the marriage, the plaintiff and defendant lived in the matrimonial home at Taman Hong Yee ("Taman Hong Yee House"), which the plaintiff purchased in June 2003.

[5] Besides the Taman Hong Yee House, the plaintiff also purchased 2 other properties namely, a shop-lot numbered G47A at Eastern Plaza at Jalan Kuhara, Tawau ("the shop-lot"), and the House in Grace Avenue. Both properties were placed under the joint names of the plaintiff and defendant.

[6] The House in Grace Avenue was purchased around 8 June 2007. To finance the purchase of the House in Grace Avenue, on 10 June 2009 the plaintiff took up a housing loan of RM450,000.00 from HSBC Bank Malaysia Berhad ("HSBC Bank") (See Bank's offer letter at pp 96-103 of CBOD Part B - Encl 41).

[7] Subsequently, the marital relationship between the plaintiff and the defendant turned sour. By the middle of 2009, the defendant left the plaintiff and relocated herself back to Sandakan.

[8] On 28 April 2010, the plaintiff and defendant filed a joint petition for divorce in the High court at Sandakan. On 16 December 2010, the High court at Sandakan granted an Order of Decree Nisi.

[9] During the course of the divorce proceeding, the plaintiff and defendant did not seek any distribution order in respect of the Taman Hong Yee House, the House in Grace Avenue or the shop-lot. Instead, both signed a Trust Deed dated 21 December 2010 to the effect that the defendant acknowledged that she was holding the undivided shares in the Taman Hong Yee House and the shop-lot on trust for the plaintiff.

[10] On 21 December 2010, plaintiff purchased a house at Taman Puteri Indah in Sandakan ("Taman Puteri Indah House") for the defendant and was registered under the defendant's sole name. This house (and a car) were intended for the defendant as part of the settlement of an otherwise contested divorce. Both the House in Grace Avenue and the Taman Puteri Indah House in Sandakan were not mentioned in the said Deed or the Decree Nisi. During the subsistence of the marriage, the defendant also never resided at the House in Grace Avenue.

[11] The Taman Puteri Indah house was subsequently auctioned off via an Order For Sale of Land dated 10 August 2020 (see p 988 CBOD Part B, Vol 6 - Encl 43) and the car was also repossessed.

[12] On the 4 October 2024, the plaintiff through