Berlinda Lee Seng Ling (Sebagai Wasi Dan Waris Tunggal Kepada Harta Pusaka Lee Cheow Kheam [470303-07-5007]) 1. ) LOH TINA 2. ) Chan Looi Teen 3. ) Tan Lay See 4. ) Chong Bee Khem PENCELAH LEE SWEE LIM

Berlinda Lee Seng Ling (Sebagai Wasi Dan Waris Tunggal Kepada Harta Pusaka Lee Cheow Kheam [470303-07-5007]) 1. ) LOH TINA 2. ) Chan Looi Teen 3. ) Tan Lay See 4. ) Chong Bee Khem PENCELAH LEE SWEE LIM

The application (Enclosure 27) was dismissed because the Court of Appeal had converted the originating summons to a writ and remitted the matter for trial, indicating there were disputed facts and mixed issues (notably whether the RM1,000,000 was a deposit or purchase price and whether defendants expended sums for subdivision), making summary disposal under Order 14A inappropriate.

Citation
PA-22NCvC-233-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff (wasi and Sole Beneficiary of Estate of Lee Cheow Kheam): BERLINDA LEE SENG LING; Defendant 1: LOH TINA; Defendant 2: CHAN LOOI TEEN; Defendant 3: TAN LAY SEE; Defendant 4: CHONG BEE KHEM; Defendant 5: LEE SWEE LIM; Defendant 6: FOONG WEI XENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 June 2022
Case Number
PA-22NCvC-233-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (land and Contract) / Interlocutory Application to Dispose on Point of Law Under Order 14 a And/or Order 33 R.2 (originating Summons Converted to Writ; Application Dismissed)
Outcome
Application dismissed with costs
Legal Topics
Joint Venture Agreement Termination, Forfeiture of Deposit, Construction of Contemporaneous Documents (jva and Spa), Suitability for Summary Disposal Under Order 14 A/order 33, Title Surrender and Nominees
Source Language
Malay/English
Contract Property/real Property Civil Procedure Probate/estates Joint Venture Agreement Termination Forfeiture of Deposit Construction of Contemporaneous Documents (jva and Spa) Suitability for Summary Disposal Under Order 14 A/order 33 +1 more

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Parties

BERLINDA LEE SENG LING

Plaintiff (wasi and Sole Beneficiary of Estate of Lee Cheow Kheam)

LOH TINA

Defendant 1

CHAN LOOI TEEN

Defendant 2

TAN LAY SEE

Defendant 3

CHONG BEE KHEM

Defendant 4

LEE SWEE LIM

Defendant 5

FOONG WEI XENG

Defendant 6

Procedural Posture

Civil (land and Contract) / Interlocutory Application to Dispose on Point of Law Under Order 14 a And/or Order 33 R.2 (originating Summons Converted to Writ; Application Dismissed)

Legal Issues

  1. 1 Whether the Joint Venture Agreement (JVA) had been validly terminated
  2. 2 Whether the RM1,000,000 paid was a deposit under the JVA or the purchase price under the SPA
  3. 3 Whether the defendants are mere nominees of the 1st defendant

Ratio Decidendi

The application (Enclosure 27) was dismissed because the Court of Appeal had converted the originating summons to a writ and remitted the matter for trial, indicating there were disputed facts and mixed issues (notably whether the RM1,000,000 was a deposit or purchase price and whether defendants expended sums for subdivision), making summary disposal under Order 14A inappropriate.

Court Disposition

Application dismissed with costs

Orders

  • Enclosure 27 dismissed with costs