EE KAH FUK v LIM BEE KUA

wa-22ncvc-383-07-2020 High Court (Mahkamah Tinggi) 5 December 2024 • WA-22NCvC-383-07/2020 • 33 min read

11 cases cited (0 SG, 11 foreign)

Outcome

The Plaintiff’s claim is hereby dismissed with cost. The Defendant’s counterclaim is partially allowed with no damages awarded. The private caveat lodged by the Plaintiff is ordered to be removed.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22ncvc-383-07-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Contract Law - Validity and Enforceability of Contract - Void ab initio – Contract invalid from the beginning - Illegality - Contrary to Public Policy – Uncertainty of Terms – Lack of material terms - Agreement to Enter into a Contract – Formation of Contract - Execution of Contract Trust Law & Professional Ethics - Stakeholder Funds - Solicitor as Stakeholder/Trustee - Compliance with Terms - Breach of Stakeholder Duties / Breach of Trust / Breach of Undertaking – Misappropriation of Funds Land Law - Security for Loan - Pledge / Charge - Private Caveat – Form 19B - Grounds for Entry – Removal of Caveat – Grounds for removal include an illegal or invalid underlying contract - Lack of caveatable interest Evidence Law - Proof of Documents / Signatures - Signature Comparison / Verification – Section 73(1) of Evidence Act Witness Testimony and Credibility - Impeachment of Witnesses – Fabrication of Evidence - Perjury / Contempt of Court – Recall of Witnesses –Section 138(4) of Evidence Act

Practice Areas

Contract Land Law Evidence Criminal Law

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Counsel (7)

Bb Teh Firm Preakas & Partners Firm Arun Ganesh A/L Boopalan Counsel Plaintiff Dhanaraj a/l Vasudevan Counsel Plaintiff Joseph Yeo Counsel Defendant Kelvin Ng Sin Huat Counsel Defendant Loke Wei Lun Counsel Defendant

Parties (2)

Ee Kah Fuk Plaintiff Lim Bee Kua Defendant

Statutes Cited

Evidence Act 1950 (Cap 56)

National Land Code (Cap 828)

Rules of Court 2012

Cases Cited (11)

UK (5)

[1967] 2 All ER 1286 [1967] Ch 1194 [1971] 2 QB 426 [1977] AC 728 [1997] 1 All ER 842

MY (6)

[2008] 5 CLJ 441 [2009] 1 CLJ 872 [2009] 1 MLJ 794 [2013] 7 CLJ 533 [2016] 4 CLJ 1 [2020] 6 CLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-383-07-2020)