CUSTOMCRAFT (M) SDN BHD (Company No.: 290714-;  YONG SIAK CHOONG (Identity Card No.: 571213-10-5295)

CUSTOMCRAFT (M) SDN BHD (Company No.: 290714-;  YONG SIAK CHOONG (Identity Card No.: 571213-10-5295)

On the balance of probabilities the RM150,000 were advance payments/loans to the 1st Defendant repayable on failure of the proposed joint venture; there was no contemporaneous documentation effecting a transfer of intellectual property from the 1st Defendant, the documentary record indicated IP belonged to Dr Wong and was assigned to Royal Capital Berhad with manufacturing rights to MB10, and the MOU was not a binding agreement; accordingly the 1st Defendant must repay RM150,000 with interest and no costs are awarded.

Citation
WA-22NCvC-228-05/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Customcraft (M) Sdn Bhd; 1st Defendant: Yong Siak Choong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 December 2021
Case Number
WA-22NCvC-228-05/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (contract/restitution/intellectual Property) / Final Judgment (grounds of Judgment)
Outcome
Judgment for Plaintiff; 1st Defendant ordered to repay RM150,000 with interest; no order as to costs.
Legal Topics
Memorandum of Understanding Enforceability, Advance Payment Versus Purchase of Intellectual Property, Ownership and Assignment of Formulae/patent Rights, Repayment of Funds, Jurisdiction of Courts and Costs
Source Language
Malay/English
Contract Law Intellectual Property Restitution/unjust Enrichment Civil Procedure Company/commercial Law Memorandum of Understanding Enforceability Advance Payment Versus Purchase of Intellectual Property Ownership and Assignment of Formulae/patent Rights +2 more

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Parties

Customcraft (M) Sdn Bhd

Plaintiff

Yong Siak Choong

1st Defendant

Procedural Posture

Civil Suit (contract/restitution/intellectual Property) / Final Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether RM150,000 was an advance/loan repayable or payment for purchase of formulae/IP
  2. 2 Whether the 1st Defendant owned the formulae or had any assignable IP rights
  3. 3 Whether the 1st Defendant promised to repay the sums

Ratio Decidendi

On the balance of probabilities the RM150,000 were advance payments/loans to the 1st Defendant repayable on failure of the proposed joint venture; there was no contemporaneous documentation effecting a transfer of intellectual property from the 1st Defendant, the documentary record indicated IP belonged to Dr Wong and was assigned to Royal Capital Berhad with manufacturing rights to MB10, and the MOU was not a binding agreement; accordingly the 1st Defendant must repay RM150,000 with interest and no costs are awarded.

Court Disposition

Judgment for Plaintiff; 1st Defendant ordered to repay RM150,000 with interest; no order as to costs.

Orders

  • 1st Defendant to pay RM150,000.00 to Plaintiff.
  • Interest at 4% per annum on RM150,000.00 from date of filing to date of realization.