LEE CHEE HOE ECK DEVELOPMENT SDN BHD

LEE CHEE HOE ECK DEVELOPMENT SDN BHD

The court found substantial and genuine disputes of material fact (notably alleged misrepresentation about completion of the Works and suppression of documents) that cannot be satisfactorily resolved on affidavit evidence; accordingly, under Order 28 Rule 8 ROC 2012 the originating summons must be converted to a...

Source-derived case information.

Citation
PA-24NCC-25-06/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Lee Chee Hoe; Defendant: ECK Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2026
Case Number
PA-24NCC-25-06/2025 (Mahkamah Tinggi)
Procedural Posture
Conversion Application Under Order 28 ROC 2012 / Decision on Application to Convert Originating Summons to Writ Action (high Court)
Outcome
Defendant's application to convert the Originating Summons to a writ action allowed.
Legal Topics
Conversion of Originating Summons to Writ, Condition Precedent in Contract, Allegation of Misrepresentation/fraud, Admissibility of Oral Evidence Vs Affidavits, Performance Bond/security
Civil Procedure Contract Law Evidence Law Company/share Sale Issues Conversion of Originating Summons to Writ Condition Precedent in Contract Allegation of Misrepresentation/fraud Admissibility of Oral Evidence Vs Affidavits +1 more

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Parties

Lee Chee Hoe

Plaintiff

ECK Development Sdn Bhd

Defendant

Procedural Posture

Conversion Application Under Order 28 ROC 2012 / Decision on Application to Convert Originating Summons to Writ Action (high Court)

Legal Issues

  1. 1 Whether there is a substantial dispute of fact requiring the originating summons to be converted to a writ action under Order 28 Rule 8 ROC 2012
  2. 2 Whether completion of the Works is a condition precedent to the Defendant's obligation to pay under Clause 2(a)(i) of the Agreement
  3. 3 Whether allegations of misrepresentation/fraud and suppression of documents require viva voce evidence and cross-examination

Ratio Decidendi

The court found substantial and genuine disputes of material fact (notably alleged misrepresentation about completion of the Works and suppression of documents) that cannot be satisfactorily resolved on affidavit evidence; accordingly, under Order 28 Rule 8 ROC 2012 the originating summons must be converted to a writ action to permit oral evidence and cross-examination and the Defendant's application to convert is allowed.

Court Disposition

Defendant's application to convert the Originating Summons to a writ action allowed.

Orders

  • Originating Summons ordered to continue as if begun by writ pursuant to Order 28 Rule 8 Rules of Court 2012.
  • Parties directed to file requisite pleadings and for further case management to progress the new writ action.