Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Restitution (s71 contract act)
  • 22 Apr 2024

    TEA CHOO KENG TAN MENG HONG

    Citation
    JA-A52NCvC-15-01/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A52NCvC-15-01/2024 (Mahkamah Sesyen)

    The claim was struck out because, on the face of the pleadings and affidavits, the payments were made by the firm to the defendant as nominee of WLH under a contract between the firm and WLH (thus the payments were for WLH); plaintiff failed to satisfy the conditions for restitution under s71 (payments were not made for plaintiff or for defendant as donee) and plaintiff lacked locus standi to sue in his personal capacity as the firm, not plaintiff personally, bore any loss; the claim was therefore untenable, frivolous and an abuse of process.