Lim Yeow Hon 1. ) Chu Voon Khar 2. ) Wang Lup Meng 3. ) Low Jian Shin 4. ) Lim Derk Leon 5. ) Oon Min Chuan

Lim Yeow Hon 1. ) Chu Voon Khar 2. ) Wang Lup Meng 3. ) Low Jian Shin 4. ) Lim Derk Leon 5. ) Oon Min Chuan

The trial court correctly found that the defendant made a false representation inducing plaintiffs to pay RM303,179; the misrepresentation was properly pleaded and proved on the balance of probabilities, documentary and oral evidence were accepted and not effectively challenged, and the appellate court will not overturn the finding absent a plainly wrong conclusion; appeal dismissed.

Citation
BA-12BNCvC-43-07/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant: LIM YEON HON; Respondent/plaintiff: CHU VOON KHAR; Respondent/plaintiff: WANG LUP MENG; Respondent/plaintiff: LOW JIAN SHIN; Respondent/plaintiff: LIM DERK LEON; Respondent/plaintiff: OON MIN CHUAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 July 2025
Case Number
BA-12BNCvC-43-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (dismissed)
Outcome
Appeal dismissed
Legal Topics
Fraudulent Misrepresentation, Duty of Care, Appellate Review, Document Admissibility
Source Language
Malay/English
Contract Law Tort Law Civil Procedure Evidence Fraudulent Misrepresentation Duty of Care Appellate Review Document Admissibility

Case Brief

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Parties

LIM YEON HON

Appellant/defendant

CHU VOON KHAR

Respondent/plaintiff

WANG LUP MENG

Respondent/plaintiff

LOW JIAN SHIN

Respondent/plaintiff

LIM DERK LEON

Respondent/plaintiff

OON MIN CHUAN

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether defendant made false or fraudulent representations to plaintiffs
  2. 2 Whether plaintiffs' claim for fraudulent misrepresentation was properly pleaded
  3. 3 Whether defendant owed a duty of care to all plaintiffs including P2-P5

Ratio Decidendi

The trial court correctly found that the defendant made a false representation inducing plaintiffs to pay RM303,179; the misrepresentation was properly pleaded and proved on the balance of probabilities, documentary and oral evidence were accepted and not effectively challenged, and the appellate court will not overturn the finding absent a plainly wrong conclusion; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay costs of RM10,000.00 to Respondents, subject to allocator