LEE HOCK HIN 1. ) A LOGESVARY A/P ARIKRISHNA 2. ) STANDARD CHARTERED BANK MALAYSIA BERHAD

LEE HOCK HIN 1. ) A LOGESVARY A/P ARIKRISHNA 2. ) STANDARD CHARTERED BANK MALAYSIA BERHAD

The court exercised its equitable discretion and declined to grant the Plaintiff the relief sought (specific performance), finding the Plaintiff failed to establish entitlement to specific performance under the circumstances; accordingly the Plaintiff was ordered to pay the defendants' costs as assessed by the court.

Citation
BA-22NCvC-102-02/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Lee Hock Hin; 1st Defendant: A Logesvary A/P Arikrishna; 2nd Defendant: Standard Chartered Bank Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2021
Case Number
BA-22NCvC-102-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Specific Performance / After Full Trial (judgment Delivered)
Outcome
Judgment for the Defendants; Plaintiff's claims dismissed.
Legal Topics
Specific Performance, Sale and Purchase of Property, Redemption Statement, Damages in Lieu of Specific Performance, Costs
Source Language
Malay/English
Contract Property Equity Banking Civil Procedure Specific Performance Sale and Purchase of Property Redemption Statement +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lee Hock Hin

Plaintiff

A Logesvary A/P Arikrishna

1st Defendant

Standard Chartered Bank Malaysia Berhad

2nd Defendant

Procedural Posture

Civil Suit Specific Performance / After Full Trial (judgment Delivered)

Legal Issues

  1. 1 Whether the plaintiff is entitled to specific performance of the sale and purchase agreement
  2. 2 Whether the 2nd Defendant was obliged to provide a redemption statement
  3. 3 Whether damages in lieu of specific performance should be awarded and the measure of such damages

Ratio Decidendi

The court exercised its equitable discretion and declined to grant the Plaintiff the relief sought (specific performance), finding the Plaintiff failed to establish entitlement to specific performance under the circumstances; accordingly the Plaintiff was ordered to pay the defendants' costs as assessed by the court.

Court Disposition

Judgment for the Defendants; Plaintiff's claims dismissed.

Orders

  • The Plaintiff's claim is dismissed.
  • The Plaintiff shall pay costs of action assessed at RM20,000 to the 1st Defendant, subject to allocatur.