BEVERLY HEIGHTS RESOURCES SDN BHD v 1. ) PEARL STREAMS SDN BHD 2. ) Loke Chee Min 3. ) Tong Kah Hoe

b-02ncvcw-122-01-2023 Court of Appeal (Mahkamah Rayuan) 14 August 2025 • B-02(NCvC)(W)-122-01/2023 • 5 min read

Catchwords

Common Agreed Bundle of Documents (CABD) - Evidential status of documents placed in Part A of the CABD - Whether the High Court was wrong in not accepting the Sales and Purchase Agreement (SPA) when all parties agreed to its admissibility under Part A of the CABD - Whether documents in Part A of the CABD only agreement on contents of documents and not truth of contents - Order 34 rule (2)(2)(c)(d)(e) of the ROC 2012 - Whether the SPA was a moneylending transaction - Whether D2 was negligent in handling the SPA transaction - Whether D2 owes a duty of care to the Plaintiff who had their own solicitors.

Practice Areas

Civil Procedure Moneylending Tort

Judges (3)

Ahmad Kamal bin Md. Shahid Delivered Mohd Nazlan bin Mohd Ghazali Coram S. Nantha Balan a/l E.s. Moorthy Coram

Parties (4)

BEVERLY HEIGHTS RESOURCES Sdn Bhd Appellant PEARL STREAMS Sdn Bhd Respondent Loke Chee Min Respondent Tong Kah Hoe Respondent

Judgment

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Read on eJudgment

Source: eJudgment (b-02ncvcw-122-01-2023)