Che Mohd Ruzima Ghazali JCA:

Introduction

[1] At the High Court in Johore Bahru, upon conclusion of a full trial, the learned Judicial Commissioner (the learned JC) adjudged and declared that Tan Keng Yong @ Tan Keng Hong (1st appellant/lst defendant) and Tan Keng Meng (2nd appellant/2nd defendant), the older brothers, held the portion of the assets derived from their father on resulting trust and/or constructive trust for Tan Hwa Ling @ Tan Siew Leng (1st respondent/lst plaintiff), Tan Siew Hoon (2nd respondent/2nd plaintiff) and Tan Siew Ching (3rd respondent/3rd plaintiff), the younger sisters and proceeded to grant the necessary reliefs for the recovery of the trust assets. Dissatisfied with the whole decision, the appellants filed this appeal.

[2] For ease of reference, parties in this appeal will be referred to as in the trial Court, the plaintiffs and the defendants. Individually the plaintiffs will be referred to as PI, P2, P3 and the defendants will be referred to as D1 and D2.

Brief Background Facts

[3] The plaintiffs and the defendants are siblings. They are the children of one Tan Peng Khai (TPK), the deceased father and Chee Mee Sin (CMS), the deceased mother. In th