DATO' SERI YONG TU SANG v 1. ) TOP 2 GLOBAL SDN BHD 2. ) WEE WOAN JIUAN

t-02ncvcw-1293-07-2022 Court of Appeal (Mahkamah Rayuan) 6 April 2025 • T-02(NCvC)(W)-1293-07/2022 • 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-1293-07-2022). 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 Respondent Mirdhulekha Muralidharan Counsel Appellant Muhamad Hiqmar Danial Bin Hidzir Counsel Respondent Venothani Rajagopal Counsel Appellant

Parties (3)

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

Summary

This is the cross-appeal heard together with t-02ncvcw-1292-07-2022 in the same joint housing development dispute. The Court of Appeal dismissed Yong Tu Sang's appeal and allowed Top 2 Global's counterclaim, entering judgment for RM145,432 with 5% interest per annum from the date of filing.

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-1293-07-2022)