JKI DEVELOPMENT SDN BHD 1. ) CHANDRA VATHAN A/L KRISHMAN 2. ) VERONICA A/P GUNASEKARAN 3. ) TETUAN TING & TING

JKI DEVELOPMENT SDN BHD 1. ) CHANDRA VATHAN A/L KRISHMAN 2. ) VERONICA A/P GUNASEKARAN 3. ) TETUAN TING & TING

On the evidence the Appellant made material misrepresentations about the location of Unit 39-07 which the Respondents relied upon to enter the S&P; the Session Court's factual findings were not plainly wrong and the High Court dismissed the Appellant's appeal, upheld the buy-back order at the purchase price RM543,322.00, upheld the general damages of RM5,000.00, reduced costs to RM5,000.00, and allowed the Respondents' cross-appeal to include a rebate of RM23,731.39 to be paid by the Appellant with 5% interest from 11.12.2023 until full settlement.

Citation
WA-12BNCvC-84-06/2023 (Mahkamah Tinggi)
Parties
Appellant: JKI DEVELOPMENT SDN BHD; Respondent: CHANDRA VATHAN A/L KRISHMAN; Respondent: VERONICA A/P GUNASEKARAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 December 2023
Case Number
WA-12BNCvC-84-06/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons No: WA 12 Bncv C 84 06/2023; Appeal From Session Court / Judgment on Appeal (high Court)
Outcome
Appeal dismissed in part; Cross-appeal allowed in part
Legal Topics
Misrepresentation, Rescission / Buy Back, Rebate, Costs, Interest, Vacant Possession, Sale and Purchase Agreement
Source Language
Malay/English
Contract Law Property Law Civil Procedure Misrepresentation Rescission / Buy Back Rebate Costs Interest +2 more

Case Brief

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Parties

JKI DEVELOPMENT SDN BHD

Appellant

CHANDRA VATHAN A/L KRISHMAN

Respondent

VERONICA A/P GUNASEKARAN

Respondent

Procedural Posture

Originating Summons No: WA 12 Bncv C 84 06/2023; Appeal From Session Court / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the Appellant made an actionable misrepresentation about the location of Unit 39-07
  2. 2 Whether the Respondents relied on that representation to enter the S&P
  3. 3 Appropriate remedies (buy-back, rebate, damages, costs, interest)

Ratio Decidendi

On the evidence the Appellant made material misrepresentations about the location of Unit 39-07 which the Respondents relied upon to enter the S&P; the Session Court's factual findings were not plainly wrong and the High Court dismissed the Appellant's appeal, upheld the buy-back order at the purchase price RM543,322.00, upheld the general damages of RM5,000.00, reduced costs to RM5,000.00, and allowed the Respondents' cross-appeal to include a rebate of RM23,731.39 to be paid by the Appellant with 5% interest from 11.12.2023 until full settlement.

Court Disposition

Appeal dismissed in part; Cross-appeal allowed in part

Orders

  • Appeal dismissed
  • Appellant to repurchase Unit 39-07 at the purchase price of RM543,322.00