1. ) YONG KOK WAH 2. ) FUXING ENTERPRISE (MALAYSIA) SDN BHD 3. ) OCEANPRO INDUSTRIES SDN BHD Seow Sooncon (Mewakili Harta Pusaka Goh Swee Kim, Simati) PENCELAH WANG JIANXIA

1. ) YONG KOK WAH 2. ) FUXING ENTERPRISE (MALAYSIA) SDN BHD 3. ) OCEANPRO INDUSTRIES SDN BHD Seow Sooncon (Mewakili Harta Pusaka Goh Swee Kim, Simati) PENCELAH WANG JIANXIA

Plaintiffs 2 and 3 failed to discharge the legal burden on the balance of probabilities and lacked a proper cause of action after expunction of key amended pleadings; the defendant established on the balance of probabilities that valid Friendly Loan Agreements existed and that plaintiffs received RM1,500,000 and...

Source-derived case information.

Citation
KA-22NCvC-87-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff 1: Yong Kok Wah; Plaintiff 2: Fuxing Enterprise (Malaysia) Sdn Bhd; Plaintiff 3: Oceanpro Industries Sdn Bhd; Defendant (deceased): Goh Goo Swee Kim; Defendant (representing Estate of Goh Goo Swee Kim): Seow Sooncon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
KA-22NCvC-87-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Trial / Judgment (full Trial)
Outcome
Plaintiffs 2 and 3 claims dismissed; Defendant's counterclaim allowed; Plaintiff 1 claim dismissed earlier.
Legal Topics
Friendly Loan Agreements, Sham Transaction, Rescission, Injunctions, Caveat, Return of Title Documents, Costs, Burden of Proof, Company Authority/representation
Contract Property Equity Civil Procedure Evidence Friendly Loan Agreements Sham Transaction Rescission +6 more

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Summary, issues, holding and outcome

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Parties

Yong Kok Wah

Plaintiff 1

Fuxing Enterprise (Malaysia) Sdn Bhd

Plaintiff 2

Oceanpro Industries Sdn Bhd

Plaintiff 3

Goh Goo Swee Kim

Defendant (deceased)

Seow Sooncon

Defendant (representing Estate of Goh Goo Swee Kim)

Procedural Posture

Civil Trial / Judgment (full Trial)

Legal Issues

  1. 1 Whether the sale and purchase agreements dated 12.8.2018 for HS(M) 1470/PT 2516 and HS(M) 1472/PT 2515 were sham, void and unenforceable
  2. 2 Whether the oral RM1,500,000 loan between Plaintiff 1 and the deceased was illegal and unenforceable
  3. 3 Whether a permanent injunction to restrain registration/transfer (Form 14A) should be granted

Ratio Decidendi

Plaintiffs 2 and 3 failed to discharge the legal burden on the balance of probabilities and lacked a proper cause of action after expunction of key amended pleadings; the defendant established on the balance of probabilities that valid Friendly Loan Agreements existed and that plaintiffs received RM1,500,000 and failed to repay; accordingly the defendant's counterclaim succeeded and plaintiffs 2 and 3 are jointly and/or severally ordered to repay RM1,500,000 with 5% p.a. interest and to pay costs of RM50,000, while Plaintiff 1's claim was dismissed earlier with costs RM5,000 and paragraphs 7–49 of the amended statement of claim were expunged.

Court Disposition

Plaintiffs 2 and 3 claims dismissed; Defendant's counterclaim allowed; Plaintiff 1 claim dismissed earlier.

Orders

  • Paragraphs 7 to 49 of the Second Amended Statement of Claim expunged
  • Declaration that the Friendly Loan Agreements dated 12.8.2018 are valid and not rescinded