Sabah Development Bank Berhad v Petron Oil (M) Sdn Bhd

02f-27-04-2018s Federal Court (Mahkamah Persekutuan) 22 April 2019 • 02(f)-27-04/2018(S)

Catchwords

Contract - assignment - absolute assignment - assignment of proceeds to bank as security - effect of absolute assignment - whether creditor’s claim based on trust prevail over absolute assignment - Civil Law Act s 4(3) Trust - Constructive trust - when constructive trust arise by operation of law - unconscionability issue - whether creditor’s claim based on trust prevail over absolute assignment - whether bank held monies in constructive trust for creditor

Practice Areas

Contract Equity & Trusts

Judges (5)

Ahmad bin Haji Maarop Coram Azahar bin Mohamed Coram Nallini Pathmanathan Coram Rhodzariah binti Bujang Coram Tengku Maimun binti Tuan Mat Delivered

Parties (2)

Petron Oil Sdn Bhd Respondent Sabah Development Bank Berhad Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-27-04-2018s)