Govindasamy A/l Sellaiah v 1. ) ALH Industries Sdn Bhd 2. ) Pentadbir Tanah Daerah Petaling

ba-22ncvc-431-11-2021 High Court (Mahkamah Tinggi) 20 July 2025 • BA-22NCvC-431-11/2021

Catchwords

Plaintiff entered into a sale and purchase agreement to sell property to Defendant-Defendant sued for specific performance of the SPA when Plaintiff refused to honour agreement-specific performance ordered by court vide judgment in default in 2012-Plaintiff applied to set aside judgment in default-failed-appeal to Court of Appeal withdrawn-judgment for specific performance becomes final between parties-meanwhile Plaintiff transferred land to third party-Defendant sued Plaintiff for order that land be transferred to it following the SPA entered earlier-judgment given to Defendant-Plaintiff’s appeal to Court of Appeal dismissed-leave to Federal Court also dismissed-Plaintiff now sues to impeach judgment in 2012 on grounds of fraud-whether res judicata applies as facts upon which fraud was based could have been raised in the application to set aside judgment in 2012-whether judicial estoppel applies as the Plaintiff is taking inconsistent stand with earlier suit.

Practice Areas

Plaintiff entered into a sale and purchase agreement to sell property to Defendant-Defendant sued for specific performance of the SPA when Plaintiff refused to honour agreement-specific performance ordered by court vide judgment in default in 2012-Plaintiff applied to set aside judgment in default-failed-appeal to Court of Appeal withdrawn-judgment for specific performance becomes final between parties-meanwhile Plaintiff transferred land to third party-Defendant sued Plaintiff for order that land be transferred to it following the SPA entered earlier-judgment given to Defendant-Plaintiff’s appeal to Court of Appeal dismissed-leave to Federal Court also dismissed-Plaintiff now sues to impeach judgment in 2012 on grounds of fraud-whether res judicata applies as facts upon which fraud was based could have been raised in the application to set aside judgment in 2012-whether judicial estoppel applies as the Plaintiff is taking inconsistent stand with earlier suit.

Judges (1)

Alice Loke Yee Ching Delivered

Parties (3)

ALH Industries Sdn Bhd Defendant Pentadbir Tanah Daerah Petaling Defendant Govindasamy a/l Sellaiah Plaintiff

Case Significance

Govindasamy A/l Sellaiah v 1. ) ALH Industries Sdn Bhd 2. ) Pentadbir Tanah D... is a High Court (Mahkamah Tinggi) decision dated July 20, 2025 (citation: ba-22ncvc-431-11-2021). The case was decided by Alice Loke Yee Ching.

What was the outcome of Govindasamy A/l Sellaiah v 1. ) ALH Industries Sdn Bhd 2. ) Pentadbir Tanah D...?

Govindasamy A/l Sellaiah v 1. ) ALH Industries Sdn Bhd 2. ) Pentadbir Tanah D... is a High Court decision dated July 20, 2025. The case was heard by Alice Loke Yee Ching. See the full judgment for details.