9 Aug 2022
MYVILLA DEVELOPMENT SDN BHD ONG CHEE POH
- Citation
- BA-22NCvC-555-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-555-12/2019 (Mahkamah Tinggi)
Defendant was aware he had not paid the balance when he took vacant possession and concealed that fact; this concealment constitutes fraud within s29 of the Limitation Act so limitation did not begin to run until discovery in September 2019; Plaintiff validly elected to terminate the SPA on 15.10.2019 and having elected termination cannot affirm the contract to sue for the balance, therefore Plaintiff is entitled to declaration of valid termination, recovery of vacant possession, forfeiture of the 10% deposit and costs; Defendant's counterclaim for strata title fails.