UNGKU RAUDZAH BT U.A BAKAR v MELVIN DOMINIC A/L CLETUS GOMEZ
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
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
Judges (1)
Case Significance
UNGKU RAUDZAH BT U.A BAKAR v MELVIN DOMINIC A/L CLETUS GOMEZ is a High Court (Mahkamah Tinggi) decision dated July 29, 2025 (citation: wa-12bncvc-42-05-2025). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Constructive trust - Fiduciary breach - Agency - Gold investment • Limitation Act 1953 - Trust property.
What was the outcome of UNGKU RAUDZAH BT U.A BAKAR v MELVIN DOMINIC A/L CLETUS GOMEZ?
UNGKU RAUDZAH BT U.A BAKAR v MELVIN DOMINIC A/L CLETUS GOMEZ is a High Court decision dated July 29, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.