24 Nov 2025
TRUTZ BERNHARD WINTER ONG KIM BENG
- Citation
- WA-12BNCvC-133-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-133-11/2024 (Mahkamah Tinggi)
The Sessions Court erred as a matter of law and fact by treating the Respondent's payments as unjust enrichment and by applying subsection 44(2) CA 1950 without regard to the proven 71:29 commercial allocation; the Respondent's pleading was materially deficient; the Appellant's counterclaim for personal advances is prima facie sustainable and should be allowed in principle with assessment of quantum.