Ngoo Sing Chong 1. ) Mah Lee Lee 2. ) Leow Kok Boon

Ngoo Sing Chong 1. ) Mah Lee Lee 2. ) Leow Kok Boon

On the balance of probabilities the court found plaintiff's version credible and unshaken, there was no reliable documentary or witness proof that defendants paid the full purchase price, the solicitor's evidence was not creditworthy, and therefore plaintiff is entitled to recover the unpaid sum and general damages.

Citation
AA-A52NCvC-28-02/2019 (Mahkamah Sesyen)
Parties
Appellant/defendant: MAH LEE LEE; Appellant/defendant: LEOW KOK BOON; Respondent/plaintiff: NGOO SING CHONG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 September 2022
Case Number
AA-A52NCvC-28-02/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (sessions Court) / Judgment (sessions Court); Appeal Noted to High Court
Outcome
Plaintiff's claim allowed in part.
Legal Topics
Sale and Purchase of Land, Bounced Cheques, Damages for Non Payment, Witness Evidence and Burden of Proof, Solicitor Conduct
Source Language
Malay/English
Contract Property Evidence Civil Procedure Sale and Purchase of Land Bounced Cheques Damages for Non Payment Witness Evidence and Burden of Proof +1 more

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Parties

MAH LEE LEE

Appellant/defendant

LEOW KOK BOON

Appellant/defendant

NGOO SING CHONG

Respondent/plaintiff

Procedural Posture

Civil Suit (sessions Court) / Judgment (sessions Court); Appeal Noted to High Court

Legal Issues

  1. 1 Whether full purchase price for land was paid to plaintiff
  2. 2 Whether bounced post‑dated cheques establish non‑payment and entitle plaintiff to recovery
  3. 3 Who bears burden to call third party payor to prove payment

Ratio Decidendi

On the balance of probabilities the court found plaintiff's version credible and unshaken, there was no reliable documentary or witness proof that defendants paid the full purchase price, the solicitor's evidence was not creditworthy, and therefore plaintiff is entitled to recover the unpaid sum and general damages.

Court Disposition

Plaintiff's claim allowed in part.

Orders

  • Judgment for Plaintiff in the sum of RM307025
  • General damages awarded to Plaintiff in the sum of RM200000