CHAN KOK MENG 1. ) EAST WEST HORIZON PLANTATION BERHAD 2. ) JESSIE TANG 3. ) PACIFIC TRUSTEES BERHAD

CHAN KOK MENG 1. ) EAST WEST HORIZON PLANTATION BERHAD 2. ) JESSIE TANG 3. ) PACIFIC TRUSTEES BERHAD

The mediation clause was permissive and did not bar litigation; the 1st Defendant failed to produce the injunction terms or evidence showing it could not pay and failed to raise a triable issue; Clause 9.2 therefore obligated the 1st Defendant to repurchase the plaintiff's blocks and pay RM 2,085,600.00; summary judgment was appropriate.

Citation
WA-22NCC-154-03/2024 (Mahkamah Tinggi)
Parties
Plaintiff: CHAN KOK MENG; 1st Defendant: EAST WEST HORIZON PLANTATION BERHAD; 2nd Defendant: JESSIE TANG; 3rd Defendant: PACIFIC TRUSTEES BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 September 2025
Case Number
WA-22NCC-154-03/2024 (Mahkamah Tinggi)
Procedural Posture
Commercial Division Suit / Summary Judgment Granted
Outcome
Application allowed; summary judgment entered for the Plaintiff against the 1st Defendant
Legal Topics
Summary Judgment, Contract Interpretation, Mediation Clause, Repurchase Clause, Enforceability of Injunctions, Obligation of Trustee
Source Language
Malay/English
Contract Law Civil Procedure Trusts and Trustees Injunctions Summary Judgment Contract Interpretation Mediation Clause Repurchase Clause +2 more

Case Brief

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Parties

CHAN KOK MENG

Plaintiff

EAST WEST HORIZON PLANTATION BERHAD

1st Defendant

JESSIE TANG

2nd Defendant

PACIFIC TRUSTEES BERHAD

3rd Defendant

Procedural Posture

Commercial Division Suit / Summary Judgment Granted

Legal Issues

  1. 1 Whether the plaintiff was required to refer the dispute to mediation before suing
  2. 2 Whether an injunction from a different suit prevented the 1st Defendant from making payment
  3. 3 Whether the 1st Defendant raised a triable issue to defeat summary judgment

Ratio Decidendi

The mediation clause was permissive and did not bar litigation; the 1st Defendant failed to produce the injunction terms or evidence showing it could not pay and failed to raise a triable issue; Clause 9.2 therefore obligated the 1st Defendant to repurchase the plaintiff's blocks and pay RM 2,085,600.00; summary judgment was appropriate.

Court Disposition

Application allowed; summary judgment entered for the Plaintiff against the 1st Defendant

Orders

  • Summary judgment entered in favour of the Plaintiff against the 1st Defendant for RM 2,085,600.00 with judgment interest and costs