Finfixer Marketing Sdn Bhd Caroline Bintang Kanyan

Finfixer Marketing Sdn Bhd Caroline Bintang Kanyan

The written PJB and GSOBB, supported by secondary evidence and the title registration (5.4.2022), were conclusive under s91 Evidence Act: the tenancy and buy‑back option periods ran from registration and expired 4.4.2023, therefore occupation was rent‑free for the disputed period and no rent arrears existed; because...

Source-derived case information.

Citation
WA-A74-1195-04/2023 (Mahkamah Majistret)
Parties
Applicant: FINFIXER MARKETING SDN BHD (No. Syarikat: 202001010497 (1366817-K)); Respondent: CAROLINE BINTANG KANYAN (No. K/P: 720912-13-5166)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 December 2023
Case Number
WA-A74-1195-04/2023 (Mahkamah Majistret)
Procedural Posture
Application for Writ of Distress (originating Summons) / Decision on Kandungan 1 After Inter‑parte Hearing; Application Dismissed (21.12.2023)
Outcome
Application dismissed
Legal Topics
Writ of Distress, Buy‑back Option, Tenancy Agreement, Parol Evidence Rule (s91/s92 Evidence Act), Abuse of Process
Contract Law Property/land Law Landlord and Tenant Law Civil Procedure Evidence Law Writ of Distress Buy‑back Option Tenancy Agreement +2 more

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Parties

FINFIXER MARKETING SDN BHD (No. Syarikat: 202001010497 (1366817-K))

Applicant

CAROLINE BINTANG KANYAN (No. K/P: 720912-13-5166)

Respondent

Procedural Posture

Application for Writ of Distress (originating Summons) / Decision on Kandungan 1 After Inter‑parte Hearing; Application Dismissed (21.12.2023)

  1. 1 When did the tenancy period start and end?
  2. 2 When did the buy‑back option period start and end?
  3. 3 Whether the respondent was liable to pay the claimed rent of RM28,500

Ratio Decidendi

The written PJB and GSOBB, supported by secondary evidence and the title registration (5.4.2022), were conclusive under s91 Evidence Act: the tenancy and buy‑back option periods ran from registration and expired 4.4.2023, therefore occupation was rent‑free for the disputed period and no rent arrears existed; because a writ of distress under s5 Distress Act presupposes unpaid rent, the application for a writ of distress failed and must be dismissed; additionally the applicant failed to disclose material documents and the application exhibited lack of good faith, justifying costs against the applicant.

Court Disposition

Application dismissed

Orders

  • Permohonan Writ Distres di Kandungan 1 ditolak (Application for Writ of Distress dismissed)
  • Applicant to pay costs of RM2000 to Respondent