A summary of the Federal Court’s decision in Chin Jhin Thien & Anor v Chin Huat Yean @ Chin Chun Yean & Anor [Federal Court Civil Appeal No. 02(f)-29-04/2019].
P. E. LIM Case Summary 06/2021 – Chin Jhin Thien & Anor v Chin Chun Yean & Anor
The key takeaway is that the concept of secret trust, which is part of the law of trust and is governed by the rules of equity and the common law of England, is applicable in Malaysia subject to the proviso to section 3(1) of the Civil Law Act 1956 unless there is an explicit abrogation, variation, restriction or modification by written law.
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