Yogananthy a/p A.S. Thambaiya v Harta Pusaka Idris bin Osman

02f-25-04-2018j Federal Court (Mahkamah Persekutuan) 19 November 2019 • 02(f)-25-04/2018(J)

Catchwords

Civil Procedure - Pleading - Omission to plead material facts - Alleged terms to have been breached by the deceased - Shares in consideration for loan in stock broking company - Entire shares were sold by the deceased causing loss and damages to the appellant - Whether the non-pleading of the sham and public policy issues militated against the rule on parties to be bound by their pleadings Contract - Illegality - Agreement - Whether the agreement was a sham - Whether sham agreement a document - Whether consideration or objective is illegal - Section 24(a) of Contracts Act 1950 - Whether agreement void and unenforceable on the ground of public policy - Whether there is conflict of interest - Section 24(e), illustration (g) of Contracts Act 1950 - Whether an agreement has to be illegal before it can be rendered void under Section 24(e) - Whether the appellant has locus standi to sue on the agreement

Practice Areas

Civil Procedure Contract

Judges (5)

Abang Iskandar bin Abang Hashim Coram Ahmad bin Haji Maarop Delivered Alizatul Khair binti Osman Khairuddin Coram Idrus bin Harun Coram Ramly bin Haji Ali Coram

Parties (2)

Harta Pusaka Idris bin Osman Respondent Yogananthy a/p A.s. Thambaiya Applicant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-25-04-2018j)