5 Jan 2024
1. ) TAN TECK ERN 2. ) Cheah Houy Ling 1. ) DIEH SIEW HUAT 2. ) CHIN CHIN SING @ TAN CHENG BENG
- Citation
- BA-22NCC-35-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-35-03/2022 (Mahkamah Tinggi)
On the balance of probabilities the plaintiffs provided the required documents (delay of ~20 days was waived by defendants' conduct, notably payment of RM630,000), defendants were estopped from treating late delivery as repudiatory breach, defendants failed to prove material misrepresentation or illegality sufficient to void the agreement, and defendants breached by failing to pay the remaining RM700,000; therefore judgment for plaintiffs for the unpaid purchase price with interest and costs, and defendants' claims dismissed.