31 Dec 2019
PT Insyirah Abadi Pemilik dan/atau Pemunya Kapal atau Vesel MV Wavemaster 10
- Citation
- 27NCC-38-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 27NCC-38-10/2018 (Mahkamah Tinggi)
Plaintiff proved payment of the 30% down payment but failed to prove on balance that the balance purchase price was paid to the Defendant in accordance with the contract; disputed Part C documents were not proven or their makers called as required by s.73A Evidence Act; payment to a third party (PT Wavemaster) without proof of agency or authorization cannot be treated as payment to the seller; therefore ownership did not transfer and Plaintiff's claim is dismissed, with the down payment forfeited as an implied term consequence.