TOP 2 GLOBAL SDN BHD v DATO' SERI YONG TU SANG

t-02ncvcw-1292-07-2022 Court of Appeal (Mahkamah Rayuan) 6 April 2025 • T-02(NCvC)(W)-1292-07/2022 • 19 min read
6 cases cited (0 SG, 6 foreign)

Catchwords

An oral agreement made gratuitously and without consideration is legally unenforceable. Overpayments made by mistake are recoverable where cogently proven, and appellate intervention is justified where the trial judge’s decision is tainted by material misdirection or a failure to consider relevant evidence.

Practice Areas

An oral agreement made gratuitously and without consideration is legally unenforceable. Overpayments made by mistake are recoverable where cogently proven, and appellate intervention is justified where the trial judge’s decision is tainted by material misdirection or a failure to consider relevant evidence.

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Lim Chong Fong Delivered S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (6)

Cheang & Ariff Firm David Gurupatham & Koay Firm Goh Hong Counsel Appellant Mirdhulekha Muralidharan Counsel Respondent Muhamad Hiqmar Danial Bin Hidzir Counsel Appellant Venothani Rajagopal Counsel Respondent

Parties (2)

TOP 2 GLOBAL Sdn Bhd Appellant Dato' Seri Yong Tu Sang Respondent

Case Significance

TOP 2 GLOBAL SDN BHD v DATO' SERI YONG TU SANG is a Court of Appeal (Mahkamah Rayuan) decision dated April 6, 2025 (citation: t-02ncvcw-1292-07-2022). <p>Top 2 Global appealed the High Court's dismissal of its counterclaim for overpayments of RM145,432 in a joint housing development agreement with Dato' Seri Yong Tu Sang. The Court of Appeal allowed Top 2 Global's appeal on the counterclaim, finding the trial judge erred in dismissing it without proper reasons, and dismissed Yong Tu Sang's cross-appeal.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Lim Chong Fong and S. Nantha Balan a/l E.s. Moorthy, with Lim Chong Fong delivering the judgment. Counsel appearing: Goh Hong (counsel for appellant), Mirdhulekha Muralidharan (counsel for respondent), Muhamad Hiqmar Danial Bin Hidzir (counsel for appellant), Venothani Rajagopal (counsel for respondent).

Summary

Top 2 Global appealed the High Court's dismissal of its counterclaim for overpayments of RM145,432 in a joint housing development agreement with Dato' Seri Yong Tu Sang. The Court of Appeal allowed Top 2 Global's appeal on the counterclaim, finding the trial judge erred in dismissing it without proper reasons, and dismissed Yong Tu Sang's cross-appeal.

What was the outcome of TOP 2 GLOBAL SDN BHD v DATO' SERI YONG TU SANG?

<p>Top 2 Global appealed the High Court's dismissal of its counterclaim for overpayments of RM145,432 in a joint housing development agreement with Da...

Cases Cited (6)

UK (1)
[2014] 1 WLR 2600
MY (5)
[1964] MLJ 92 [1965] 2 MLJ 151 [1976] 1 MLJ 151 [2009] MLJU 1828 [2020] 10 CLJ 1