WA-22NCvC-705-10/2018 (Mahkamah Tinggi)

WA-22NCvC-705-10/2018 (Mahkamah Tinggi)

On the evidence and applicable law the plaintiff failed to prove conspiracy or that the solicitors breached stakeholder duties or trust: deposit was released after execution of the SPA pursuant to purchaser's written undertakings and the vendor's instructions; solicitors were themselves victims of impersonation and did not warrant client genuineness; PTG did not breach duty because registry reflected the recorded particulars and cannot amend title without owner application; therefore claims and counterclaims against solicitors and PTG are dismissed.

Citation
WA-22NCvC-705-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff (suit WA 22 Ncv C 705 10/2018); 2nd Defendant (suit WA 21 Ncv C 90 10/2018): JMC Ventures Sdn Bhd; 1st Defendant (suit WA 22 Ncv C 705 10/2018); Plaintiff (suit WA 21 Ncv C 90 10/2018): Ng Kee Wei; 2nd Defendant (suit WA 22 Ncv C 705 10/2018); 1st Defendant (suit WA 21 Ncv C 90 10/2018): Pathmarajah s/o Mylvaganam (practising as Tetuan Mazwan Pathma & Co.); 3rd Defendant (suit WA 22 Ncv C 705 10/2018); Represented Within 1st Defendant (suit WA 21 Ncv C 90 10/2018): Azlina binti Abdul Azis (practising as Tetuan Mazwan Pathma & Co.); 4th Defendant (suit WA 22 Ncv C 705 10/2018): Segaran a/l Venoo; 5th Defendant (suit WA 22 Ncv C 705 10/2018): Mitz Luniques Sdn Bhd; 6th Defendant (suit WA 22 Ncv C 705 10/2018): Jeevithan a/l Manivannan (trading as Great Field Resources); 7th Defendant (suit WA 22 Ncv C 705 10/2018): Yong Poh Shiong (trading as YPH Affordable Cooling Servicing); 8th Defendant (suit WA 22 Ncv C 705 10/2018): K. Kalaimalar a/p K. Kanniappan; 9th Defendant (suit WA 22 Ncv C 705 10/2018); 3rd Defendant (suit WA 21 Ncv C 90 10/2018): Pengarah Tanah dan Galian Wilayah Persekutuan, Kuala Lumpur
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2022
Case Number
WA-22NCvC-705-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil (property Transaction / Alleged Fraud) / Judgment After Full Trial (grounds of Judgment)
Outcome
JMC's claims against Pathmarajah (Pathma), Azlina and K. Kalaimalar and PTG dismissed; JMC's counterclaim in Suit 90 against Law Firm and PTG dismissed; default judgments entered against Four Payees in specified amounts; costs awarded to defendants as set out.
Legal Topics
Conspiracy to Defraud, Fraudulent and Negligent Misrepresentation, Breach of Stakeholder Duty, Breach of Trust, Warranty of Authority, Rectification of Title, Solicitors' Account Rules, Official Secrets and Police Investigation
Source Language
Malay/English
Contract Tort Property Law Professional Negligence Trusts and Fiduciary Obligations Civil Procedure Evidence Law Conspiracy to Defraud +7 more

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Parties

JMC Ventures Sdn Bhd

Plaintiff (suit WA 22 Ncv C 705 10/2018); 2nd Defendant (suit WA 21 Ncv C 90 10/2018)

Ng Kee Wei

1st Defendant (suit WA 22 Ncv C 705 10/2018); Plaintiff (suit WA 21 Ncv C 90 10/2018)

Pathmarajah s/o Mylvaganam (practising as Tetuan Mazwan Pathma & Co.)

2nd Defendant (suit WA 22 Ncv C 705 10/2018); 1st Defendant (suit WA 21 Ncv C 90 10/2018)

Azlina binti Abdul Azis (practising as Tetuan Mazwan Pathma & Co.)

3rd Defendant (suit WA 22 Ncv C 705 10/2018); Represented Within 1st Defendant (suit WA 21 Ncv C 90 10/2018)

Segaran a/l Venoo

4th Defendant (suit WA 22 Ncv C 705 10/2018)

Mitz Luniques Sdn Bhd

5th Defendant (suit WA 22 Ncv C 705 10/2018)

Jeevithan a/l Manivannan (trading as Great Field Resources)

6th Defendant (suit WA 22 Ncv C 705 10/2018)

Yong Poh Shiong (trading as YPH Affordable Cooling Servicing)

7th Defendant (suit WA 22 Ncv C 705 10/2018)

K. Kalaimalar a/p K. Kanniappan

8th Defendant (suit WA 22 Ncv C 705 10/2018)

Pengarah Tanah dan Galian Wilayah Persekutuan, Kuala Lumpur

9th Defendant (suit WA 22 Ncv C 705 10/2018); 3rd Defendant (suit WA 21 Ncv C 90 10/2018)

Procedural Posture

Civil (property Transaction / Alleged Fraud) / Judgment After Full Trial (grounds of Judgment)

Legal Issues

  1. 1 Whether plaintiffs proved conspiracy to defraud by solicitors and other defendants
  2. 2 Whether vendor/solicitors induced purchaser to enter SPA (representation/inducement)
  3. 3 Whether solicitors breached stakeholder duties or committed breach of trust in releasing deposit

Ratio Decidendi

On the evidence and applicable law the plaintiff failed to prove conspiracy or that the solicitors breached stakeholder duties or trust: deposit was released after execution of the SPA pursuant to purchaser's written undertakings and the vendor's instructions; solicitors were themselves victims of impersonation and did not warrant client genuineness; PTG did not breach duty because registry reflected the recorded particulars and cannot amend title without owner application; therefore claims and counterclaims against solicitors and PTG are dismissed.

Court Disposition

JMC's claims against Pathmarajah (Pathma), Azlina and K. Kalaimalar and PTG dismissed; JMC's counterclaim in Suit 90 against Law Firm and PTG dismissed; default judgments entered against Four Payees in specified amounts; costs awarded to defendants as set out.

Orders

  • Dismissed JMC's claim against Pathmarajah, Azlina, Kalaimalar and Pengarah Tanah dan Galian Wilayah Persekutuan, Kuala Lumpur (PTG) in Suit WA-22NCvC-705-10/2018
  • Dismissed JMC's counterclaim against Tetuan Mazwan Pathma & Co. and PTG in Suit WA-21NCvC-90-10/2018