LIEW WAI LOY v LIEW WAI HAN

wa-12bncvc-98-08-2024 High Court (Mahkamah Tinggi) 27 July 2025 • WA-12BNCvC-98-08/2024

Catchwords

Whether the Plaintiff had pleaded constructive trust; the PA allows the Defendant to transfer the Plaintiff’s 1/3 share to the Defendant; and the validity of the transfer of the Property by the Defendant - Who bears the burden of proof of constructive trust; that the Defendant has a proprietary right to retain the Plaintiff’s share of the proceeds of sale of the Property; and on the application of s 114(g) of the Evidence Act 1960 - Whether under the PA, the Defendant is the agent of the Plaintiff; the legality of the transfer of the Plaintiff’s 1/3 share by the Defendant to himself; and whether the Plaintiff has a sustainable suit - Whether the Defendant has acted unconscionably to enrich himself and in adopting the Defendant’s version of the facts and documentary evidence

Practice Areas

Whether the Plaintiff had pleaded constructive trust; the PA allows the Defendant to transfer the Plaintiff’s 1/3 share to the Defendant; and the validity of the transfer of the Property by the Defendant

Judges (1)

Aliza binti Sulaiman Delivered

Parties (2)

Liew Wai Han Respondent Liew Wai Loy Appellant

Case Significance

LIEW WAI LOY v LIEW WAI HAN is a High Court (Mahkamah Tinggi) decision dated July 27, 2025 (citation: wa-12bncvc-98-08-2024). The case was decided by Aliza binti Sulaiman.

What was the outcome of LIEW WAI LOY v LIEW WAI HAN?

LIEW WAI LOY v LIEW WAI HAN is a High Court decision dated July 27, 2025. The case was heard by Aliza binti Sulaiman. See the full judgment for details.