Kamil Azman bin Abdul Razak & 2 Lagi v Amanah Raya Berhad & 2 Lagi

02f-110-10-2017w Federal Court (Mahkamah Persekutuan) 29 April 2019 • 02(f)-110-10/2017(W)

Catchwords

Contract - Terms - Consent Judgment - Mutual obligations and promises - Whether court may effectively release one party of its obligation without releasing the other party where there is a consent order - Whether the Consent Judgment constitutes mutual promises which are dependent on each other - Sections 53 and 55 of Contracts Act 1950 - Whether the sections are applicable - Whether the Court of Appeal had erred in affirming the High Court decision to grant declaration releasing one party from its obligation under the Consent Judgment - Whether court could set aside or nullify a part of a valid consent order - in absence of allegations or findings of fraud, misrepresentation, coercion or undue influence - Whether releasing one party from its obligation in the Consent Judgment indicates that the Consent Judgment has been set aside or varied Trust - Constructive trust - Applicability - Where property is purchased by one party (A) for the sole purpose of a joint venture with a second party (B) and the joint venture does not materialise, is the property so purchased held in constructive trust for both parties - Whether justice and good conscience demand for its application - Whether Appellant could rely on constructive trust argument

Practice Areas

Contract Equity & Trusts

Judges (5)

Alizatul Khair binti Osman Khairuddin Coram Mohd Zawawi bin Salleh Coram Ramly bin Haji Ali Delivered Rohana binti Yusuf Coram Zaharah binti Ibrahim Coram

Parties (2)

Amanah Raya Berhad Respondent Kamil Azman bin Abdul Razak Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-110-10-2017w)