NORLIDA BINTI BAHARUDIN v NOR AINI BINTI MAHMOOD ZOHDY
Catchwords
The Plaintiff’s claim allowed, this Court grants the following: (a) The Plaintiff is the rightful beneficial owner of the Kinrara Property. The Plaintiff has discharged her burden on a balance of probabilities. She has proven on the totality of the evidence that on a balance of convenience, the Plaintiff is the equitable and beneficial owner of the Kinrara Property. The Defendant is a bare trustee and must justify the demands of justice and good conscience. The Defendant cannot use the Torrens system of registration to defeat the Plaintiff’s established equitable interest. (b) A mandatory order compelling the Defendant to execute a valid and registrable transfer of the Kinrara Property to the Plaintiff within 14 days of the date of this judgment (c) An order that if the Defendant fails to do so, the Registrar of the High Court is authorized to execute the said transfer of the Kinrara Property on her behalf (d) Costs in the sum of RM50,000.00 subject to allocator to be paid to the Plaintiff by the Defendant. keywords: beneficial owner, trust, equitable interest
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-684-12-2022)