8 Dec 2021
Perkasa Temenggong Sdn Bhd 1. ) PENTADBIR TANAH DAERAH HULU LANGAT 2. ) PENGARAH TANAH DAN GALIAN SELANGOR 3. ) ALLIANCE BANK MALAYSIA BERHAD 4. ) LEE PAY SHIN 5. ) Chan Nyet Ching 6. ) Kamalam A/p Murugasa PENCELAH KAMALAM A/P MURUGASA
- Citation
- BA-22NCvC-33-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-33-01/2020 (Mahkamah Tinggi)
Because both parties were under a common mistake that the Lot 541 Title was valid, the auction sale contract was void under s21 Contracts Act 1950; consequently under s66 the Bank, having received the purchase money, must restore it (RM230,000) to the plaintiff; the Bank’s third-party claim against the Director of Land and Mines for refund fails because the Bank’s true loss arises from loans disbursed on security of an invalid charge (not the refunded purchase price), and claims concerning the validity of charges must be pursued separately.