Chuah Jia Jiang Tan Kook Wei

Chuah Jia Jiang Tan Kook Wei

Plaintiff satisfied Order 14 prerequisites and established a prima facie case; defendant failed to credibly deny receipt of RM70,000 or produce evidence of joint account or other justification and therefore did not raise a triable issue; retention of RM70,000 constitutes unjust enrichment/restitution, entitling plaintiff to summary judgment.

Citation
A72NCVC-510-05/2019 (Mahkamah Majistret)
Parties
Plaintiff: CHUAH JIA JIANG; Defendant: TAN KOOK WEI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 February 2020
Case Number
A72NCVC-510-05/2019 (Mahkamah Majistret)
Procedural Posture
Civil Claim Sale of Land; Restitution/unjust Enrichment / Summary Judgment Application Under Order 14 (kaedah Kaedah Mahkamah 2012)
Outcome
Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff.
Legal Topics
Order 14 Summary Judgment, Restitution, Unjust Enrichment, Money Had and Received, Liquidated Damages, Fraud (triable Issue)
Source Language
Malay/English
Contract Equity Civil Procedure Property Law Order 14 Summary Judgment Restitution Unjust Enrichment Money Had and Received +2 more

Case Brief

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Parties

CHUAH JIA JIANG

Plaintiff

TAN KOOK WEI

Defendant

Procedural Posture

Civil Claim Sale of Land; Restitution/unjust Enrichment / Summary Judgment Application Under Order 14 (kaedah Kaedah Mahkamah 2012)

Legal Issues

  1. 1 Whether the defendant received RM70,000 and is required to repay it
  2. 2 Whether the defendant raised a bona fide triable issue of fraud/forgery
  3. 3 Whether plaintiff is entitled to liquidated damages under the sale agreement

Ratio Decidendi

Plaintiff satisfied Order 14 prerequisites and established a prima facie case; defendant failed to credibly deny receipt of RM70,000 or produce evidence of joint account or other justification and therefore did not raise a triable issue; retention of RM70,000 constitutes unjust enrichment/restitution, entitling plaintiff to summary judgment.

Court Disposition

Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff.

Orders

  • Judgment entered for plaintiff for repayment of RM70,000 to plaintiff (being the purchase monies)
  • Plaintiff awarded liquidated damages of RM21,000 as sought under the sale agreement