1. P，一个已婚男子答应娶D并要求D在马来西亚寻找房子。D成功寻找一间房屋（“房产”）并执行买卖协议。 P支付了购买价格。以D的名义，P通过住房贷款担保方式在定期存款账户中存入RM50,000。
3. 每当P在马来西亚时，P和D都会在一起，并且他们在度假期间， P会负责所有的费用。 P在中国逗留时，在他的亲戚面前介绍D为他的妻子。 P还允许D使用他的ATM卡，让她处理装修和空调。在D发现P已经结婚后，D与P断绝关系。
2. D executed the trust deed to the effect that D was holding the property and the RM50,000 in trust for P and D shall sign all relevant documents to effect the transfer of the property and the fixed deposit as directed by P.
3. P and D were staying together whenever P visited Malaysia, and also while they were on holidays, at P’s expenses. P had introduced D as his wife to his relatives while in China. P had also allowed D to use his ATM card, besides asking her to attend to the renovation and air-conditioning for the property. After D found out that P is married, D broke off with P.
4. P claimed, based on the trust deed, for the transfer of the property, by D to P’s company and the transfer of RM50,000 in the fixed deposit account by D to P. D counterclaim for damages based on the P’s breach of promise to marry D.
1. There are two maxims of equity: (1) he who seeks equity must do equity (P who is now seeking the equitable relief of enforcing the trust must be right and fair to D); and (2) he who comes into equity must come with clean hand (P not only must be prepared now to do what is right and fair, but also must show that his past record in the transaction is clean).
2. P’s breach of promise of marriage clearly showed that P had not acted rightly and fairly to D. P had not acted with clean hands.
3. The enforcement of trust is an equity remedy where the person who seeks for equity remedy must first come with clean hands.
4. P is not entitled to enforce the trust against D when he has breached the promise of marriage which he has made to D.
5. As P was in breach of the promise of marriage, D was additionally awarded RM5,000.00 as damages.
 3 MLJ 125 CA
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