案情:
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。
2. D签了一份信托契约,表明D代表P持有该房屋和RM50,000.的定期存款,D将签署所有相关文件,以实现P的指示转移该房屋和定期存款。
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。
4. P根据信托契约,P根据信托契约向D要求把房屋转名到P的公司,要求将RM50,000的定期存款转移至P。D反诉P,要求P赔偿违反答应娶D的损失。
法庭判决:
1. 两项公平准则:(1) 寻求公平的P必须先执行公平 (P申请执行公平审判必须先对D公平对待); (2) 寻求公平判决的P的行为必须正确和公平的(P不仅必须现在准备做正确和公平的事情,而且必须表明他在交易中的过往记录是干净的)。
2. P违反了婚姻承诺,这清楚地表明P没有对D做出正确和公平的行为.P没有用干净的双手行事。
3. 申请执行信托契约是一种公平法,寻求公平法的人自己必须首先手脚干净。
4. 当P违反对D娶她的承诺时,P无权对D申请执行信托契约。
5. 由于P违反了娶D的婚姻承诺,D获得RM5,000.00作为赔偿金。
Facts:
1. P, a married man promised to marry D and asked D to look for a house in Malaysia. Defendant succeeded in procuring a house (‘the property’) and executed the sale and purchase agreement. P paid the purchase price. In the name of D, P deposited RM50,000 in the fixed deposit account by way of housing loan security for the property.
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.

Court held:
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.

 

[2008] 3 MLJ 125 CA

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Trust Deed 委托合约 (House & Fixed Deposit 房屋&定期存款)