REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD (dahului dikenali sebagai Gapurna Land Sdn Bhd)
Catchwords
[1] The Plaintiffs filed this Suit against the Defendant alleging negligence and/or fraudulent misrepresentation to induce the Plaintiffs to purchase condominium units developed by the Defendant. The misrepresentation was pertaining to a monorail station that would be built with a covered link bridge connected to a development project known as “Vivo Residences, 9 Seputeh” (Project). [2] It is trite law that the onus lies on the Plaintiff to prove his claim in order to succeed against the Defendant pursuant to sections 101 and 102 of the Evidence Act 1950. [3] This Court finds that on the evidence adduced, there was no assertive representation by the Defendant. In any case, it did not induce the Plaintiffs to enter into the SPAs. Therefore, on a balance of probabilities the Plaintiffs have failed to prove their claim against the Defendant and hence this Court dismissed the Plaintiffs claim with costs.
Practice Areas
1 The Plaintiffs filed this Suit against the Defendant alleging negligence and/or fraudulent misrepresentation to induce the Plaintiffs to purchase condominium units developed by the Defendant. The misrepresentation was pertaining to a monorail station that would be built with a covered link bridge connected to a development project known as “Vivo Residences, 9 Seputeh” (Project). 2 It is trite law that the onus lies on the Plaintiff to prove his claim in order to succeed against the Defendant pursuant to sections 101 and 102 of the Evidence Act 1950. 3 This Court finds that on the evidence adduced, there was no assertive representation by the Defendant. In any case, it did not induce the Plaintiffs to enter into the SPAs. Therefore, on a balance of probabilities the Plaintiffs have failed to prove their claim against the Defendant and hence this Court dismissed the Plaintiffs claim with costs.
Judges (1)
Case Significance
REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD... is a High Court (Mahkamah Tinggi) decision dated June 23, 2025 (citation: wa-22ncvc-481-08-2022). The case was decided by Suzana binti Muhamad Said.
Key issues: [2] It is trite law that the onus lies on the Plaintiff to prove his claim in order to succeed against the Defendant pursuant to sections 101 and 102 of the Evidence Act 1950..
What was the outcome of REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD...?
REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD... is a High Court decision dated June 23, 2025. The case was heard by Suzana binti Muhamad Said. See the full judgment for details.