UNGKU RAUDZAH BT U.A BAKAR v MELVIN DOMINIC A/L CLETUS GOMEZ

wa-12bncvc-42-05-2025 High Court (Mahkamah Tinggi) 29 July 2025 • WA-12BNCvC-42-05/2025

Catchwords

ABSTRACT The Appellant, being the Genneva consultant, received 2,560g of respondent's gold for investment renewal in August 2012. After Genneva's collapse, the appellant provided conflicting accounts over seven years before admitting non-retrieval following the raid. The appeal was dismissed because the agency relationship was established through the appellant's admission and conduct; fiduciary duties were breached via misrepresentation; a constructive trust was properly imposed; and no limitation period applies under s 22(1) of the Limitation Act 1953 for the recovery of trust property. KEYWORDS Constructive trust - Fiduciary breach - Agency - Gold investment • Limitation Act 1953 - Trust property

Practice Areas

Equity & Trusts Limitation Contract

Judges (1)

Arziah binti Mohamed Apandi Delivered

Parties (2)

Melvin Dominic a/l Cletus Gomez Respondent Ungku Raudzah bt U.a Bakar Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-42-05-2025)