POSITIVE HARBINGER SDN BHD ASAS RAMAI SDN BHD.

POSITIVE HARBINGER SDN BHD ASAS RAMAI SDN BHD.

ARSB failed to prove on the balance of probabilities that OCS or PHSB made fraudulent misrepresentations or that the written Sale and Purchase Agreement was intended only as security for a loan; the written agreement unambiguously records a sale, oral evidence to vary it was inadmissible, the plaintiff's sole witness lacked credibility and key oral witnesses were not produced; accordingly the agreement is valid and PHSB is entitled to delivery of vacant possession under Clause 21; ARSB's claims dismissed and PHSB's claims allowed with costs.

Citation
KA-22NCvC-66-08/2017 (Mahkamah Tinggi)
Parties
Plaintiff (22 NCVC 23 03/2017); Defendant (ka 22 NCVC 66 08/2017): Asas Ramai Sdn Bhd; Defendant (22 NCVC 23 03/2017): Ooi Chin Sin; Defendant (22 NCVC 23 03/2017); Plaintiff (ka 22 NCVC 66 08/2017): Positive Harbinger Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2022
Case Number
KA-22NCvC-66-08/2017 (Mahkamah Tinggi)
Procedural Posture
Civil (consolidated Actions) / Judgment (high Court, Alor Setar)
Outcome
ARSB's claims against Ooi Chin Sin and Positive Harbinger Sdn Bhd dismissed; Positive Harbinger Sdn Bhd's claim against Asas Ramai Sdn Bhd for delivery of vacant possession under the Sale and Purchase Agreement granted.
Legal Topics
Misrepresentation, Specific Performance, Rescission, Privity of Contract, Parol Evidence Rule, Vacant Possession, Kaveat, Contract Interpretation
Source Language
Malay/English
Contract Property Evidence Civil Procedure Misrepresentation Specific Performance Rescission Privity of Contract +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Asas Ramai Sdn Bhd

Plaintiff (22 NCVC 23 03/2017); Defendant (ka 22 NCVC 66 08/2017)

Ooi Chin Sin

Defendant (22 NCVC 23 03/2017)

Positive Harbinger Sdn Bhd

Defendant (22 NCVC 23 03/2017); Plaintiff (ka 22 NCVC 66 08/2017)

Procedural Posture

Civil (consolidated Actions) / Judgment (high Court, Alor Setar)

Legal Issues

  1. 1 Whether Ooi Chin Sin (on behalf of PHSB) committed fraudulent misrepresentation rendering the sale agreement void
  2. 2 Whether the Sale and Purchase Agreement dated 5/10/2016 was intended as security for a loan rather than a genuine sale
  3. 3 Whether PHSB is entitled to a declaration and order for delivery of vacant possession under the Sale and Purchase Agreement

Ratio Decidendi

ARSB failed to prove on the balance of probabilities that OCS or PHSB made fraudulent misrepresentations or that the written Sale and Purchase Agreement was intended only as security for a loan; the written agreement unambiguously records a sale, oral evidence to vary it was inadmissible, the plaintiff's sole witness lacked credibility and key oral witnesses were not produced; accordingly the agreement is valid and PHSB is entitled to delivery of vacant possession under Clause 21; ARSB's claims dismissed and PHSB's claims allowed with costs.

Court Disposition

ARSB's claims against Ooi Chin Sin and Positive Harbinger Sdn Bhd dismissed; Positive Harbinger Sdn Bhd's claim against Asas Ramai Sdn Bhd for delivery of vacant possession under the Sale and Purchase Agreement granted.

Orders

  • Declaration that the Sale and Purchase Agreement dated 5/10/2016 is valid and binding
  • Declaration that PHSB is entitled to delivery of vacant possession of Lot 9370 in accordance with Clause 21 of the Sale and Purchase Agreement