DATO' SERI YONG TU SANG 1. ) TOP 2 GLOBAL SDN BHD 2. ) WEE WOAN JIUAN

DATO' SERI YONG TU SANG 1. ) TOP 2 GLOBAL SDN BHD 2. ) WEE WOAN JIUAN

The Court of Appeal affirmed the High Court's finding that the oral arrangement was a gratuitous gift and that YTS had no legal entitlement to claim RM862,500; however the court found the trial judge plainly wrong in rejecting documented payments of RM30,000 and failing to explain rejection of the remaining overpayment, allowed Top 2 Global’s counterclaim and entered judgment for RM145,432.00 with interest and costs.

Citation
T-02(NCvC)(W)-1293-07/2022 (Mahkamah Rayuan)
Parties
Appellant/respondent; Developer; Counterclaimant: Top 2 Global Sdn Bhd; Respondent/appellant; Plaintiff; Director and Shareholder of Kuala Ibai Development: Dato’ Seri Yong Tu Sang; Defendant; Director and Shareholder of Top 2 Global: Wee Woan Jiuan; Proprietor of the Lands; Third Party Beneficiary Alleged: Ibai Leisure Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
7 April 2025
Case Number
T-02(NCvC)(W)-1293-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From High Court / Court of Appeal Judgment on Post‑trial Appeals
Outcome
Appeal 1293 dismissed; High Court order on YTS’s claim affirmed. Appeal 1292 allowed; High Court order on Top 2 Global’s counterclaim set aside and judgment entered for Top 2 Global.
Legal Topics
Joint Venture Agreement, Oral Agreement (alleged Gift), Redemption Sum, Mistaken Payment/overpayment, Standard of Appellate Review (plainly Wrong), Recovery of Sale Proceeds, Costs and Interest
Source Language
Malay/English
Contract Law Equity and Trusts Company Law Civil Procedure Unjust Enrichment Joint Venture Agreement Oral Agreement (alleged Gift) Redemption Sum +4 more

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Parties

Top 2 Global Sdn Bhd

Appellant/respondent; Developer; Counterclaimant

Dato’ Seri Yong Tu Sang

Respondent/appellant; Plaintiff; Director and Shareholder of Kuala Ibai Development

Wee Woan Jiuan

Defendant; Director and Shareholder of Top 2 Global

Ibai Leisure Sdn Bhd

Proprietor of the Lands; Third Party Beneficiary Alleged

Procedural Posture

Civil Appeal From High Court / Court of Appeal Judgment on Post‑trial Appeals

Legal Issues

  1. 1 Whether the alleged oral agreement created a legally enforceable entitlement to four units or sale proceeds in favour of YTS
  2. 2 Whether YTS as a stranger to the pleaded oral agreement could enforce it
  3. 3 Whether Top 2 Global was entitled to recover RM145,432.00 as mistaken overpayment

Ratio Decidendi

The Court of Appeal affirmed the High Court's finding that the oral arrangement was a gratuitous gift and that YTS had no legal entitlement to claim RM862,500; however the court found the trial judge plainly wrong in rejecting documented payments of RM30,000 and failing to explain rejection of the remaining overpayment, allowed Top 2 Global’s counterclaim and entered judgment for RM145,432.00 with interest and costs.

Court Disposition

Appeal 1293 dismissed; High Court order on YTS’s claim affirmed. Appeal 1292 allowed; High Court order on Top 2 Global’s counterclaim set aside and judgment entered for Top 2 Global.

Orders

  • Judgment entered for Top 2 Global against Dato' Seri Yong Tu Sang in the sum of RM145,432.00
  • Interest at 5% per annum from date of filing of the Writ until full realisation