29 Oct 2024
LIM KEE SIM LOI CHENG PHENG
- Citation
- BA-22NCvC-126-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-126-04/2023 (Mahkamah Tinggi)
Court found plaintiff failed to discharge burden of proof on balance of probabilities; accepted defendant's evidence that Covid‑19 force majeure and resultant frustration rendered the contract discharged as to the contested listing obligations; because plaintiff paid only RM100,000 of the RM350,000 purchase price the court treated the plaintiff as holding the shares as constructive trustee and granted defendant's counterclaim for repayment of RM100,000; plaintiff's substantive claim for buy‑back at USD2,000,000 and related reliefs were dismissed with costs.