SUM YAP LOONG & 1 LAGI LIAN CHOY LING & 1 LAGI

SUM YAP LOONG & 1 LAGI LIAN CHOY LING & 1 LAGI

The High Court held the Sessions Court had jurisdiction to try the causes of action in contract and misrepresentation despite the pleaded quantum exceeding RM1,000,000; the Defendants were estopped from attacking jurisdiction for failing to object at trial; the damages award was a discretionary exercise within judicial bounds and not manifestly erroneous; accordingly both the Defendant's appeal and the Plaintiff's cross-appeal were dismissed.

Citation
WA-12BNCVC-107-09/2019 (Mahkamah Tinggi)
Parties
Appellant (defendant in Sessions Court): Sum Yap Loong; Appellant (defendant in Sessions Court): Ching Poh Hua; Respondent (plaintiff in Sessions Court): Lian Choi Ling; Respondent (plaintiff in Sessions Court): Lian Choy Yen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2020
Case Number
WA-12BNCVC-107-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Hearing and Judgment on Appeal in High Court of Malaya at Kuala Lumpur
Outcome
Both the Defendant's appeal and the Plaintiff's cross-appeal are dismissed
Legal Topics
Breach of Contract, Fraudulent and Negligent Misrepresentation, Monetary Jurisdiction of Subordinate Courts, Assessment of Damages, Estoppel for Failure to Object to Jurisdiction
Source Language
Malay/English
Contract Law Tort (misrepresentation/negligence) Civil Procedure Property Law Breach of Contract Fraudulent and Negligent Misrepresentation Monetary Jurisdiction of Subordinate Courts Assessment of Damages +1 more

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Parties

Sum Yap Loong

Appellant (defendant in Sessions Court)

Ching Poh Hua

Appellant (defendant in Sessions Court)

Lian Choi Ling

Respondent (plaintiff in Sessions Court)

Lian Choy Yen

Respondent (plaintiff in Sessions Court)

Procedural Posture

Civil Appeal From Sessions Court / Hearing and Judgment on Appeal in High Court of Malaya at Kuala Lumpur

Legal Issues

  1. 1 Whether the Sessions Court had jurisdiction to hear a claim where pleaded relief exceeded its statutory monetary limit
  2. 2 Whether absence of parties' agreement to confer jurisdiction or failure to object renders the trial a nullity
  3. 3 Whether the award of damages by the Sessions Court was manifestly erroneous or outside judicial discretion

Ratio Decidendi

The High Court held the Sessions Court had jurisdiction to try the causes of action in contract and misrepresentation despite the pleaded quantum exceeding RM1,000,000; the Defendants were estopped from attacking jurisdiction for failing to object at trial; the damages award was a discretionary exercise within judicial bounds and not manifestly erroneous; accordingly both the Defendant's appeal and the Plaintiff's cross-appeal were dismissed.

Court Disposition

Both the Defendant's appeal and the Plaintiff's cross-appeal are dismissed

Orders

  • Both appeals dismissed
  • No order as to costs