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)

Outcome

CONCLUSION [38] For the foregoing reasons, we dismiss Appeal 1293 and the order of the High Court in respect of the claim of YTS is affirmed. However, we allow Appeal 1292 and the order of the High Court in respect of the counterclaim of Top 2 Global is set aside. Hence, we enter judgment for Top 2 Global against YTS in the sum of RM145,432.00 with interest of 5% per annum from the date of filing of the Writ till full realisation. [39] We award global costs of RM 40,000.00 to Top 2 Global for both appeals here and in the High Court below.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (t-02ncvcw-1292-07-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

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

Contract Restitution

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

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.

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

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (t-02ncvcw-1292-07-2022)