Chan Suay Hwa [S H Chan (Kuala Lumpur)] Tan Bak Lee [Tan Bak Lee & Co. (Butterworth)]

Chan Suay Hwa [S H Chan (Kuala Lumpur)] Tan Bak Lee [Tan Bak Lee & Co. (Butterworth)]

On the undisputed facts the condition for release was satisfied (keys delivered on 5.2.2020 and defendant informed on 24.2.2020); the defendant therefore no longer lawfully held the monies as stakeholder and disclosed no triable issue to defeat an Order 14 application; summary judgment entered for RM789,702.96 with interest at 5% per annum from date of judgment until full realisation.

Citation
PA-22NCVC-34-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff (vendor): Lim Koo Tiek; Defendant (solicitor): Tan Bak Lee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2021
Case Number
PA-22NCVC-34-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil / Summary Judgment Under Order 14 Rules of Court 2012
Outcome
Summary judgment allowed
Legal Topics
Summary Judgment, Stakeholder Duties, Release of Purchase Moneys, Mareva Injunction, Undertaking as to Damages, Delay in Interlocutory Applications
Source Language
Malay/English
Civil Procedure Equity and Trusts Property Law Solicitor Professional Obligations Summary Judgment Stakeholder Duties Release of Purchase Moneys Mareva Injunction +2 more

Case Brief

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Parties

Lim Koo Tiek

Plaintiff (vendor)

Tan Bak Lee

Defendant (solicitor)

Procedural Posture

Civil / Summary Judgment Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether the defendant, as stakeholder, was entitled to retain the balance purchase price after the condition for release was satisfied
  2. 2 Whether the defendant disclosed a triable issue sufficient to defeat an Order 14 summary judgment application
  3. 3 Whether delay in bringing the summary judgment application barred relief

Ratio Decidendi

On the undisputed facts the condition for release was satisfied (keys delivered on 5.2.2020 and defendant informed on 24.2.2020); the defendant therefore no longer lawfully held the monies as stakeholder and disclosed no triable issue to defeat an Order 14 application; summary judgment entered for RM789,702.96 with interest at 5% per annum from date of judgment until full realisation.

Court Disposition

Summary judgment allowed

Orders

  • Summary judgment for RM789,702.96 held by the defendant as stakeholder
  • Interest at 5% per annum from date of judgment until full realisation