28 Jan 2020
GENNEVA MALAYSIA SDN BHD 1. TIO JIT HONG (NO. K/P: 570226-04-5151) 2. CHAN WENG SUNG (NO. K/P: 741229-10-5109) 3. FONG MING JING (NO. K/P: 620202-05-5526) 4. KOH NGAT HOON (NO. K/P: 640209-10-5440) 5. LEE YEE YOONG (NO. K/P: 770507-14-5841)
- Citation
- B-02(IM)(NCC)-542-03/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(NCC)-542-03/2019 (Mahkamah Rayuan)
The Court of Appeal held that summary judgment was properly entered because the plaintiffs demonstrated clear and undeniable claims supported by documentary evidence and payments; the defendant's conduct (accepting payments/partial gold) constituted acceptance of offers despite CPO wording; the plaintiffs had obtained Public Prosecutor consent under s54(3) AMLA so the claims were not statutorily barred; and there was no inordinate unexplained delay amounting to laches — consequently there were no triable issues and the High Court judgment awarding restitution and interest was affirmed.