COURT OF APPEAL PUTRAJAYA
VELLASAMY PENNUSAMY & ORS – Appellant
Versus
GURBACHAN SINGH BAGAWAN SINGH & ORS – Respondent
| Table of Content |
|---|
| 1. appeal involves the fiduciary relationship of solicitors. (Para 1 , 4 , 5) |
| 2. background of land ownership transfer and its complexity. (Para 8 , 28) |
| 3. constructive trust arises from the actions of sppkb. (Para 44 , 66) |
| 4. trial judge's findings supported by the evidence. (Para 60 , 61 , 62) |
[1]This appeal involves interesting issues inter alia, those relating to the often tricky question of the extent in which a solicitors relationship with his client becomes fiduciary.
[2]This appeal saw copious amounts of materials with 93 exhibits, 33 witnesses, 157 documents and close to 1,000 pages of notes of evidence, making it appear more complex and formidable than it is.
[3]However out of the morass, in my view only three issues present themselves for consideration. They are:
(i) Whether the Plaintiffs and others, (now referred to as "Plaintiffs and sub-purchasers") claiming to represent 213 others as original purchasers of the said land, retained an equitable right thereof, which was not extinguished despite the various subsequent dealings with the land;
(ii) whether the 1st Defendant acted as solicitor for the Plaintiffs and thus had purchased the said land a
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