Proprietary Remedy for Unjust Enrichment

30 April 2019

Principal Kwong Chiew Ee of Rahmat Lim & Partners contributed an article entitled Proprietary Remedy for Unjust Enrichment to the Malayan Law Journal Article Supplement Volume 4, [2018] 4 MLJ lxx. The article explores the arguments against and in favour of proprietary restitution for unjust enrichment, the three primary theoretical bases and the policy reasons behind the rejection of proprietary restitutionary claims in English law, and considers the landmark Federal Court decision in RHB Bank Bhd v Travelsight (M) Sdn Bhd & Ors and another appeal [2016] 1 MLJ 175 on the recognition of remedial constructive trust under Malaysian law. The article is reproduced with permission from LexisNexis Malaysia Sdn Bhd (copyright 2018 by LexisNexis Malaysia Sdn Bhd).

To read the article, please click here.