Foo Chee Lek v See Hong Toh (BA-22NCvC-217-06/2025)

High Court of Malaysia23 Oct 2025

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Content

17/11/2025 10:51:03 BA-22NCvC-217-06/2025 Kand. 32

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 23 Oct 2025
Case number: BA-22NCvC-217-06/2025
Coram: YA Puan Elaine Yap Chin Gaik
Practice area: Civil procedure - striking out - material facts to set up a trust as the legal result - no reasonable cause of action for recovery of trust property on the face of the pleading - pleading consistent with claim for restitution on total failure of consideration of contract of sale - limitation period applies to bar action - section 6(1)(a) Limitation Act 1953
Version: Alasan Penghakiman 1
Published: 17 Nov 2025
Source ID: 07404400-8226-43a6-9dfd-485f6479b230

Catchwords

Civil procedure - striking out - material facts to set up a trust as the legal result - no reasonable cause of action for recovery of trust property on the face of the pleading - pleading consistent with claim for restitution on total failure of consideration of contract of sale - limitation period applies to bar action - section 6(1)(a) Limitation Act 1953

Parties

FOO CHEE LEK - plaintiff - ejudgment_parties
SEE HONG TOH - defendant - ejudgment_parties

Primary source

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