1. ) Loo An Swee 2. ) Mok Kim Leng v 1. ) Pang Kim Chon 2. ) Loo Bon Lan

ba-22ncvc-318-09-2020 High Court (Mahkamah Tinggi) 5 November 2024 • BA-22NCvC-318-09/2020 • 16 min read
4 cases cited (0 SG, 4 foreign)

Outcome

In the circumstances, their claim is dismissed. I also order that costs of RM 30,000.00 be paid to the Defendants.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-22ncvc-318-09-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Sale and purchase of property-SPA executed-provided for payment terms-vacant possession delivered before SPA for purchaser to commence renovations-Vendor signed letters acknowledging receipt of deposit and purchase price, induced by misrepresentation of Purchaser that purchase price will be made upon sale of shares-suit for termination of SPA and return of property as no payment received-burden of proof-whether prima facie case of misrepresentation established-whether terms as to payment can be varied contrary to SPA-parol evidence rule.

Practice Areas

Contract Criminal Procedure

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (6)

Kek Ooi & Lee Hong Firm The Law Office of Wong & Ang Firm Chin Yin Choi Counsel Plaintiff Dato' K. Kirubakaran Counsel Defendant Kek Boon Wei Counsel Defendant Lee Wen Qian Counsel Defendant

Parties (4)

Loo An Swee Plaintiff Loo Bon Lan Defendant Mok Kim Leng Plaintiff Pang Kim Chon Defendant

Cases Cited (4)

MY (4)
[1979] 2 MLJ 229 [2010] 4 CLJ 388 [2017] 5 CLJ 418 [2017] 8 CLJ 491

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-318-09-2020)