Equity and Trusts in Malaysia

Description

About the Book

This illuminating local text on the law of equity and trusts is an invaluable resource to understand the applicable law as it applies in Malaysia. It provides clear appreciation of trusts, trusteeship and remedies. It explains the general principles of the current law and, where appropriate, makes critical analysis of the position of the law.

This new edition contains extended treatment on several topics, including fiduciary duties, benevolent construction of express trusts, remedial constructive trusts, mental element for recipient liability under constructive trusts, illegality and resulting trusts, validity of exclusion clauses for breach of trust or fiduciary duties, protection of confidential information, as well as joint venture constructive trusts.

SIGNIFICANT NEW CASES CONSIDERED

• Perbadanan Kemajuan Pertanian Selangor v JW Properties (circumstances giving rise to constructive trusts)
• Kamil Azman bin Abdul Razak v Amanah Raya (the essentials of private express trusts)
• Abdul Ravuff bin Datuk AS Dawood v Dr Abdul Rahman bin Datuk AS Dawood (constitution of express trusts)
• Wolverhampton City Council v London Gypsies and Travellers (injunction against unidentifiable persons)
• AIB Group (UK) Plc v Mark Redler & Co (equitable compensation)
• Pitt v Holt (mistaken distribution of trust assets)
• Byers v Saudi National Bank (limits to tracing rights; mental element for recipient liability under constructive trust)
• Patel v Mirza (illegality and resulting trusts)
• Ivey v Genting Casinos (UK) Ltd (mental element for accessory liability under constructive trust)
• FHR European Ventures LLP v Cedar Capital Partners LLC (bribes and constructive trust)
• Federal Republic of Brazil v Durant International Corporation (backtracing of money corruptly received)
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society (account of profit)

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Key features

• Written in a succinct, clear and easy-to-read style
• Besides local cases, decisions from England, Australia, Canada, Singapore and New Zealand have been regularly cited and discussed
• Detailed survey of case law development
• Provides critical analysis of the position of the law and where relevant, suggests the way forward for Malaysian law including the policy considerations which may determine such direction

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Table Of Contents: 

Part A: Trusts
1. Introduction to Trusts and Equity
2. Express Private Trusts
3. Constitution of Express Trusts
4. Constructive Trusts
5. Resulting Trusts
6. Charitable Trusts
7. Non-Charitable Purpose Trusts
8. Jual Janji, Estoppel and Assignment
9. Secret Trusts

Part B: Trusteeship
10. Appointment, Retirement, Removal of Trustees and Fiduciary Nature of Trusteeship
11. Duties and Powers of Trustees

Part C: Remedies
12. Specific Performance
13. Injunctions
14. Anton Piller Orders, Rectification and Rescission
15. Remedies for Breach of Trust
16. Remedies for Breach of Fiduciary Duties