29 Sept 2025
NEWLAKE DEVELOPMENT SDN BHD 1. ) ZENITH DELIGHT SDN BHD (D1) 2. ) KUMAR JASPAL QUAH & AISHAH (D2) 3. ) How Chee Hong (Steven) (D3) (Amber Kiew Sieh Pei) 4. ) Thian Mung Ching (D4)
- Citation
- W-02(NCvC)(W)-184-01/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-184-01/2021 (Mahkamah Rayuan)
The Court of Appeal found the High Court erred by narrowing the appellant’s case to a single alleged misrepresentation and by failing to appreciate contemporaneous documents and witness evidence showing a series of misrepresentations and dissipation of funds; the facts supported that D2/D3 occupied a fiduciary position (constructive trust) in respect of monies paid which were used for purposes unrelated to the land acquisition, the SPA was voidable for fraud and rescinded, and the appellants were entitled to the reliefs in the Statement of Claim; appeal allowed and High Court decision set asi…