29 Sept 2023
BJ HOMES DEVELOPMENT SDN BHD DAVEENDER SINGH A/L SARJEET SINGH
- Citation
- WA-12BNCvC-4-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-4-01/2023 (Mahkamah Tinggi)
The Appellate Court found the Sessions Court had misdirected itself on duress: plaintiff failed to prove economic duress by the Pao On criteria (no protest, no independent corroboration, no police report, no steps taken to avoid); the Settlement Agreement therefore stood; the Deed of Assignment to AmBank was an absolute assignment on its face and the plaintiff failed to notify the financier within Section 22C's 14‑day requirement, so the plaintiff lacked locus standi and the appeal by the defendant was allowed and the Sessions Court order set aside.