TOP 2 GLOBAL SDN BHD DATO' SERI YONG TU SANG

TOP 2 GLOBAL SDN BHD DATO' SERI YONG TU SANG

Appeal T-02(NCvC)(W)-1293-07/2022 (YTS's claim) was dismissed and the High Court's dismissal of YTS's claim was affirmed because the alleged oral agreement was found to be a gratuitous arrangement lacking consideration and YTS could not sue as a stranger to the oral arrangement; Appeal T-02(NCvC)(W)-1292-07/2022 (Top 2 Global's counterclaim) was allowed because the trial judge erred in rejecting admitted payments without reasons and, on the evidence, Top 2 Global had overpaid by RM145,432 and was entitled to judgment with interest.

Citation
T-02(NCvC)(W)-1292-07/2022 (Mahkamah Rayuan)
Parties
Appellant/respondent (various Appeals): Top 2 Global Sdn Bhd; Appellant/respondent (various Appeals): Dato' Seri Yong Tu Sang; Respondent/defendant: Wee Woan Jiuan
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
7 April 2025
Case Number
T-02(NCvC)(W)-1292-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (post Trial) / Court of Appeal Judgment on Appeals T 02(ncv C)(w) 1292 07/2022 and T 02(ncv C)(w) 1293 07/2022
Outcome
Appeal 1293 dismissed (High Court judgment on YTS's claim affirmed); Appeal 1292 allowed (High Court dismissal of Top 2 Global's counterclaim set aside)
Legal Topics
Joint Venture/housing Development Agreement, Oral Agreement Vs Written Agreement, Enforceability of Gifts (lack of Consideration), Recovery for Mistake/overpayment, Appellate Review Standard (plainly Wrong), Credibility and Assessment of Evidence
Source Language
Malay/English
Contract Equity Restitution Civil Procedure Tort (conspiracy) Joint Venture/housing Development Agreement Oral Agreement Vs Written Agreement Enforceability of Gifts (lack of Consideration) +3 more

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Parties

Top 2 Global Sdn Bhd

Appellant/respondent (various Appeals)

Dato' Seri Yong Tu Sang

Appellant/respondent (various Appeals)

Wee Woan Jiuan

Respondent/defendant

Procedural Posture

Civil Appeal (post Trial) / Court of Appeal Judgment on Appeals T 02(ncv C)(w) 1292 07/2022 and T 02(ncv C)(w) 1293 07/2022

Legal Issues

  1. 1 Whether the alleged oral agreement created an enforceable entitlement to four housing units
  2. 2 Whether YTS was entitled to recover an alleged shortfall of RM862,500
  3. 3 Whether Top 2 Global was entitled to recover RM145,432 as overpayment made by mistake

Ratio Decidendi

Appeal T-02(NCvC)(W)-1293-07/2022 (YTS's claim) was dismissed and the High Court's dismissal of YTS's claim was affirmed because the alleged oral agreement was found to be a gratuitous arrangement lacking consideration and YTS could not sue as a stranger to the oral arrangement; Appeal T-02(NCvC)(W)-1292-07/2022 (Top 2 Global's counterclaim) was allowed because the trial judge erred in rejecting admitted payments without reasons and, on the evidence, Top 2 Global had overpaid by RM145,432 and was entitled to judgment with interest.

Court Disposition

Appeal 1293 dismissed (High Court judgment on YTS's claim affirmed); Appeal 1292 allowed (High Court dismissal of Top 2 Global's counterclaim set aside)

Orders

  • High Court order dismissing YTS's claim affirmed
  • Judgment entered for Top 2 Global against Dato' Seri Yong Tu Sang in the sum of RM145,432.00