GENNEVA MALAYSIA SDN BHD 1. TIO JIT HONG (NO. K/P: 570226-04-5151) 2. CHAN WENG SUNG (NO. K/P: 741229-10-5109) 3. FONG MING JING (NO. K/P: 620202-05-5526) 4. KOH NGAT HOON (NO. K/P: 640209-10-5440) 5. LEE YEE YOONG (NO. K/P: 770507-14-5841)

GENNEVA MALAYSIA SDN BHD 1. TIO JIT HONG (NO. K/P: 570226-04-5151) 2. CHAN WENG SUNG (NO. K/P: 741229-10-5109) 3. FONG MING JING (NO. K/P: 620202-05-5526) 4. KOH NGAT HOON (NO. K/P: 640209-10-5440) 5. LEE YEE YOONG (NO. K/P: 770507-14-5841)

The Court of Appeal held that summary judgment was properly entered because the plaintiffs demonstrated clear and undeniable claims supported by documentary evidence and payments; the defendant's conduct (accepting payments/partial gold) constituted acceptance of offers despite CPO wording; the plaintiffs had obtained Public Prosecutor consent under s54(3) AMLA so the claims were not statutorily barred; and there was no inordinate unexplained delay amounting to laches — consequently there were no triable issues and the High Court judgment awarding restitution and interest was affirmed.

Citation
B-02(IM)(NCC)-542-03/2019 (Mahkamah Rayuan)
Parties
Appellant: Genneva Malaysia Sdn Bhd; Respondent: Tio Jit Hong; Respondent: Chan Weng Sung; Respondent: Fong Ming Jing; Respondent: Koh Ngat Hoon; Respondent: Lee Yee Yoong; Respondent: Ch'ng Khong Aun; Respondent: Mah Ai Khim; Respondent: Passara Chawankon; Respondent: Shunita A/P Maghji
Court
IM
Jurisdiction
Malaysia
Judgment Date
28 January 2020
Case Number
B-02(IM)(NCC)-542-03/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Summary Judgment Appeal
Outcome
Appeal dismissed and High Court decision affirmed
Legal Topics
Summary Judgment, Order 14 RHC 2012, AMLA S54(3) Consent, Acceptance by Conduct, Laches, Seizure of Assets
Source Language
Malay/English
Contract Law Civil Procedure Anti Money Laundering Law Restitution Equity Summary Judgment Order 14 RHC 2012 AMLA S54(3) Consent +3 more

Case Brief

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Parties

Genneva Malaysia Sdn Bhd

Appellant

Tio Jit Hong

Respondent

Chan Weng Sung

Respondent

Fong Ming Jing

Respondent

Koh Ngat Hoon

Respondent

Lee Yee Yoong

Respondent

Ch'ng Khong Aun

Respondent

Mah Ai Khim

Respondent

Passara Chawankon

Respondent

Shunita A/P Maghji

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Summary Judgment Appeal

Legal Issues

  1. 1 Whether there were triable issues requiring a full trial such that summary judgment under Order 14 should be refused
  2. 2 Whether Customer Purchase Orders containing a clause that acceptance must be in writing prevented formation of binding contracts
  3. 3 Whether acceptance by conduct (payments and partial delivery) constituted acceptance of the offers

Ratio Decidendi

The Court of Appeal held that summary judgment was properly entered because the plaintiffs demonstrated clear and undeniable claims supported by documentary evidence and payments; the defendant's conduct (accepting payments/partial gold) constituted acceptance of offers despite CPO wording; the plaintiffs had obtained Public Prosecutor consent under s54(3) AMLA so the claims were not statutorily barred; and there was no inordinate unexplained delay amounting to laches — consequently there were no triable issues and the High Court judgment awarding restitution and interest was affirmed.

Court Disposition

Appeal dismissed and High Court decision affirmed

Orders

  • Appeal dismissed
  • High Court decision affirmed