Equity And Trusts In Malaysia, Third Edition | 2025

Equity And Trusts In Malaysia, Third Edition | 2025 

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  

Key Features:
- Written in a clear, concise, and accessible style  
- Incorporates and discusses cases from Malaysia, as well as England, Australia, Canada, Singapore, and New Zealand  
- Provides a thorough survey of case law developments  
- Offers critical analysis of legal positions and suggests potential directions for Malaysian law, including relevant policy considerations.  

Contents of Equity And Trusts In Malaysia, Third Edition:

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

About The Authors:

Dr. Mohsin Hingun, LLB (Hons), LLM, PhD, is a Barrister of Lincoln’s Inn and currently serves as an Associate Professor at the Faculty of Law, International Islamic University Malaysia (IIUM) in Kuala Lumpur. He first joined IIUM in 1987 and served until 2000, before returning in 2008. Between his tenures at IIUM, he was a Senior Lecturer and later an Associate Professor at the University of Mauritius, where he also held the position of Head of the Law Department.  

Dr. Hingun is the lead author of *Equity and Trusts in Malaysia* (2nd edition, 2013) and co-author of several other notable works, including *An Introduction to Administrative Law*, *Principles of Tort Law in Malaysia*, *Malaysian Tort Law*, *Principles of Professional Liability in Malaysia*, *Administrative Law in Malaysia* (2nd edition, 2021), *Legal Aspects of Fiduciary Duties in Malaysia* (2022), and *Corporate Liability in Malaysia* (2023).  

He has also served as the editor of the *IIUM Law Journal* and previously led IIUM’s Private Law Department.

Wan Azlan Ahmad, LLB (Hons), MSc, CLP, began his academic career at the Faculty of Law, International Islamic University Malaysia (IIUM), Kuala Lumpur. He dedicated 20 years to teaching law before transitioning to the corporate sector, where he worked for five years.  

He has been the lead author of several prominent legal texts, including *An Introduction to Administrative Law*, *Principles of Tort Law in Malaysia*, *Administrative Law in Malaysia* (1st edition, 2006), *Equity and Trusts in Malaysia* (1st edition, 2005), *Malaysian Tort Law*, *Principles of Professional Liability in Malaysia*, *Administrative Law in Malaysia* (2nd edition, 2021), *Legal Aspects of Fiduciary Duties in Malaysia* (2022), and *Corporate Liability in Malaysia* (2023).  

Additionally, Wan Azlan contributed as the Contributing Editor for the Tort and Administrative Law sections of *Halsbury’s Laws of Malaysia* and served as the Advisory Editor for the *Judicial Review Handbook*.

Find more books like Equity And Trusts In Malaysia, Third Edition: Equity