1. ) GOH CHENG HUAT 2. ) GOH CHENG HUAY 3. ) GOH CHING CHAI 4. ) GOH CHING ENG 5. ) GOH CHING SEONG TECT HUAT DEVELOPMENT SDN BHD

1. ) GOH CHENG HUAT 2. ) GOH CHENG HUAY 3. ) GOH CHING CHAI 4. ) GOH CHING ENG 5. ) GOH CHING SEONG TECT HUAT DEVELOPMENT SDN BHD

D4 did not have ostensible authority to bind the other co‑owners; the SA signed solely by D4 was invalid as it lacked consent of co‑owners; there was no valid 30‑month extension and the JVA expired by effluxion of time; the High Court erred in conducting an assessment of damages and ordering payment of RM421,113.25 because the plaintiff's claim was dismissed and no claim in quantum meruit/unjust enrichment was pleaded; accordingly the assessment order and payment requirement were set aside and funds/titles returned to the defendants.

Citation
B-02(NCvC)(W)-353-03/2024 (Mahkamah Rayuan)
Parties
Appellant (appeal 352); Respondent (appeal 353): TECT HUAT DEVELOPMENT SDN BHD; Respondents (appeal 352); Appellants (appeal 353): GOH CHENG HUAT; Respondents (appeal 352); Appellants (appeal 353): GOH CHENG HUAY; Respondents (appeal 352); Appellants (appeal 353): GOH CHING CHAI; Respondents (appeal 352); Appellants (appeal 353): GOH CHING ENG; Respondents (appeal 352); Appellants (appeal 353): GOH CHING SEONG
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
5 May 2025
Case Number
B-02(NCvC)(W)-353-03/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (contract and Property) / Court of Appeal Judgment on Consolidated Appeals
Outcome
Appeal B-02(NCvC)(W)-352-03/2024 (TECT HUAT) dismissed; Appeal B-02(NCvC)(W)-353-03/2024 (GOH et al.) allowed in part and High Court assessment/order set aside.
Legal Topics
Joint Venture Agreement, Ostensible Authority, Assessment of Damages, Quantum Meruit, Unjust Enrichment, Conversion and Subdivision of Land, Costs
Source Language
Malay/English
Contract Property Law Civil Procedure Equity and Unjust Enrichment Joint Venture Agreement Ostensible Authority Assessment of Damages Quantum Meruit +3 more

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Parties

TECT HUAT DEVELOPMENT SDN BHD

Appellant (appeal 352); Respondent (appeal 353)

GOH CHENG HUAT

Respondents (appeal 352); Appellants (appeal 353)

GOH CHENG HUAY

Respondents (appeal 352); Appellants (appeal 353)

GOH CHING CHAI

Respondents (appeal 352); Appellants (appeal 353)

GOH CHING ENG

Respondents (appeal 352); Appellants (appeal 353)

GOH CHING SEONG

Respondents (appeal 352); Appellants (appeal 353)

Procedural Posture

Civil Appeal (contract and Property) / Court of Appeal Judgment on Consolidated Appeals

Legal Issues

  1. 1 Whether a supplementary agreement (SA) signed solely by one co-owner (D4) created a valid 30‑month extension binding all co‑owners by ostensible authority
  2. 2 Whether the High Court could proceed to an assessment of damages based on enhanced land value where the plaintiff's main claim was dismissed and no claim in quantum meruit or unjust enrichment was pleaded
  3. 3 Whether the High Court's order requiring payment of RM421,113.25 and delivery/release of titles was valid

Ratio Decidendi

D4 did not have ostensible authority to bind the other co‑owners; the SA signed solely by D4 was invalid as it lacked consent of co‑owners; there was no valid 30‑month extension and the JVA expired by effluxion of time; the High Court erred in conducting an assessment of damages and ordering payment of RM421,113.25 because the plaintiff's claim was dismissed and no claim in quantum meruit/unjust enrichment was pleaded; accordingly the assessment order and payment requirement were set aside and funds/titles returned to the defendants.

Court Disposition

Appeal B-02(NCvC)(W)-352-03/2024 (TECT HUAT) dismissed; Appeal B-02(NCvC)(W)-353-03/2024 (GOH et al.) allowed in part and High Court assessment/order set aside.

Orders

  • High Court order dated 29 January 2024 insofar as it ordered the Defendants to pay RM421,113.25 with interest and to release 25 titles upon such payment is set aside
  • The sum of RM421,113.25 with all accrued interest held by Messrs. P. Paramjothy & Co. shall be forthwith released to the Defendants