NG SOW LENG Mooi Chee Meng [Bertindak sebagai Pentadbir yang dilantik melalui Surat Kuasa Mentadbir bawah Saman Pemula No: BA-31NCvC-671-04/2025 bagi Harta Pusaka, MOOI CHEE MENG (No. K/P: 750603-08-5481) dalam tindakan asal] PIHAK TERKILAN

NG SOW LENG Mooi Chee Meng [Bertindak sebagai Pentadbir yang dilantik melalui Surat Kuasa Mentadbir bawah Saman Pemula No: BA-31NCvC-671-04/2025 bagi Harta Pusaka, MOOI CHEE MENG (No. K/P: 750603-08-5481) dalam tindakan asal] PIHAK TERKILAN

The court found on the balance of probabilities that the Sale and Purchase Agreement dated 14.3.2018 and accompanying transfer documents were validly executed by the defendant, that allegations of misrepresentation/duress/conspiracy were not proven and were a later invention, that the solicitor firm owed no duty of care to the defendant as a non‑client; accordingly specific performance of the sale was ordered and the defendant's counterclaim dismissed.

Citation
BA-22NCvC-276-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Ng Sow Leng; Defendant / Counterclaim Plaintiff: Mooi Chee Meng; Counterclaim Defendant: Lee Chee Kang; Counterclaim Defendant: Tetuan Yeong Khoo & Partners
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 April 2025
Case Number
BA-22NCvC-276-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Specific Performance (sale of Immovable Property) / Judgment After Full Trial
Outcome
Plaintiff's claim allowed; counterclaim dismissed.
Legal Topics
Specific Performance, Misrepresentation, Duress, Non Est Factum, Conveyancing, Solicitor's Duty, Costs, Counterclaim, Document Authentication
Source Language
Malay/English
Contract Property Law Equity Civil Procedure Evidence Professional Negligence Specific Performance Misrepresentation +7 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 6 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ng Sow Leng

Plaintiff

Mooi Chee Meng

Defendant / Counterclaim Plaintiff

Lee Chee Kang

Counterclaim Defendant

Tetuan Yeong Khoo & Partners

Counterclaim Defendant

Procedural Posture

Civil Specific Performance (sale of Immovable Property) / Judgment After Full Trial

Legal Issues

  1. 1 Whether a valid Sale and Purchase Agreement dated 14.3.2018 and transfer memorandum existed between the parties
  2. 2 Whether plaintiff, Lee Chee Kang and Tetuan Yeong Khoo & Partners conspired to coerce or misrepresent to induce defendant to sign the sale documents
  3. 3 Whether Tetuan Yeong Khoo & Partners owed a duty of care to the defendant (a non‑client)

Ratio Decidendi

The court found on the balance of probabilities that the Sale and Purchase Agreement dated 14.3.2018 and accompanying transfer documents were validly executed by the defendant, that allegations of misrepresentation/duress/conspiracy were not proven and were a later invention, that the solicitor firm owed no duty of care to the defendant as a non‑client; accordingly specific performance of the sale was ordered and the defendant's counterclaim dismissed.

Court Disposition

Plaintiff's claim allowed; counterclaim dismissed.

Orders

  • Specific performance of the Sale and Purchase Agreement dated 14 March 2018 in favour of the Plaintiff in respect of No. 35 Laluan Perpaduan Ria 1, Taman Perpaduan Ria, Ulu Kinta, Perak
  • If Defendant refuses to execute transfer documents, the Deputy Registrar and/or Senior Assistant Registrar of the High Court Shah Alam is authorised to sign the relevant transfer documents on Defendant's behalf