Equity and Trusts in Malaysia (3rd Edition)

This comprehensive local text on equity and trusts serves as an essential guide to understanding the applicable laws in Malaysia. It offers a clear and detailed explanation of trusts, trusteeship, and available remedies, while analyzing the general principles of current law and providing critical insights into its development where appropriate.

The latest edition expands on several key topics, including fiduciary duties, the benevolent construction of express trusts, remedial constructive trusts, the mental element for recipient liability under constructive trusts, illegality and resulting trusts, the validity of exclusion clauses for breaches of trust or fiduciary duties, protection of confidential information, and joint venture constructive trusts.

Notable New Cases Addressed:

• Perbadanan Kemajuan Pertanian Selangor v JW Properties: Circumstances leading to constructive trusts  
• Kamil Azman bin Abdul Razak v Amanah Raya: 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: Injunctions against unidentified individuals  
• 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 and mental element for recipient liability  
• Patel v Mirza: Illegality and resulting trusts  
• Ivey v Genting Casinos (UK) Ltd: Mental element for accessory liability under constructive trusts  
• FHR European Ventures LLP v Cedar Capital Partners LLC: Bribes and constructive trusts
• Federal Republic of Brazil v Durant International Corporation: Backtracing corruptly received funds  
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society: Account of profit