JOHNATHAN WONG FUTT PO 1. ) KOH CHIN WEI 2. ) MBEST TRADING ENTERPRISE SDN BHD

JOHNATHAN WONG FUTT PO 1. ) KOH CHIN WEI 2. ) MBEST TRADING ENTERPRISE SDN BHD

The Trust Deed was a sham executed to evade tax and conceal the Plaintiff's purchase and is therefore unenforceable; notwithstanding that, under s.20 Sale of Goods Act 1957 property in the delivered Lamborghini passed to the Plaintiff when the contract was made, and the 2nd Defendant, as unpaid seller under s.55(1),...

Source-derived case information.

Citation
WA-22NCvC-367-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Johnathan Wong Futt Po; 1st Defendant: Koh Chin Wei; 2nd Defendant: MBest Trading Enterprise Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2024
Case Number
WA-22NCvC-367-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Sale of Goods / Specific Performance / Contract / Judgment (grounds of Judgment)
Outcome
Trust Deed struck down as a sham and unenforceable; Plaintiff's claims for general and special damages dismissed; specific performance granted requiring transfer of the Lamborghini to the Plaintiff upon payment; 2nd Defendant's counterclaim for the purchase price RM1,050,000 and interest allowed; costs to be borne...
Legal Topics
Specific Performance, Unenforceable Trust/sham, Cryptocurrency as Consideration, Unpaid Seller Rights, Damages, Bankruptcy Implications, Public Policy and Tax Evasion
Contract Law Sale of Goods Equity and Trusts Commercial Law Anti‑money Laundering Specific Performance Unenforceable Trust/sham Cryptocurrency as Consideration +4 more

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Parties

Johnathan Wong Futt Po

Plaintiff

Koh Chin Wei

1st Defendant

MBest Trading Enterprise Sdn. Bhd.

2nd Defendant

Procedural Posture

Civil Sale of Goods / Specific Performance / Contract / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether the Trust Deed was valid or a sham and unenforceable
  2. 2 Whether payment for the Lamborghini was made by the Plaintiff via cryptocurrency
  3. 3 Whether property in the car had passed to the Plaintiff under s.20 Sale of Goods Act 1957

Ratio Decidendi

The Trust Deed was a sham executed to evade tax and conceal the Plaintiff's purchase and is therefore unenforceable; notwithstanding that, under s.20 Sale of Goods Act 1957 property in the delivered Lamborghini passed to the Plaintiff when the contract was made, and the 2nd Defendant, as unpaid seller under s.55(1), is entitled to the purchase price; specific performance was ordered to effect transfer but the Plaintiff must pay the agreed price of RM1,050,000, his claims for general and special damages were dismissed, and the 2nd Defendant's claim for the purchase price (with interest) was allowed.

Court Disposition

Trust Deed struck down as a sham and unenforceable; Plaintiff's claims for general and special damages dismissed; specific performance granted requiring transfer of the Lamborghini to the Plaintiff upon payment; 2nd Defendant's counterclaim for the purchase price RM1,050,000 and interest allowed; costs to be borne...

Orders

  • Trust Deed dated 9 November 2021 declared a sham and unenforceable
  • Order for specific performance: 2nd Defendant to transfer ownership of the Lamborghini (registration TG18) to the Plaintiff