14 Mar 2022
KUNCI SEMANGAT SDN BHD [ Company No.: 365006-T ] 1. ) THOMAS VARKKI A/L M. V. VARKKI [ Identity Card No.: 570305105933 ] 2. ) AMARJIT SINGH A/L KARTAR SINGH [ Identity Card No.: 540214105447 ]
- Citation
- W-02(NCvC)(W)-260-02/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-260-02/2021 (Mahkamah Rayuan)
Defendant's late reliance on illegality was a radical departure from its pleaded case and amounted to trial by ambush; because illegality was not pleaded, put to or proven at trial and there was no evidence of a system or course of conduct amounting to estate agency practice, Matad remains authoritative that a one-off isolated transaction does not trigger the statutory prohibition; therefore the plaintiffs' claim was not barred and the appeal is dismissed.