Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Summary judgment (order 81 rule 1)
  • 16 Feb 2023

    PELABURAN MARA BERHAD TAN CHIN HOONG

    Citation
    WA-22NCC-174-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-174-04/2022 (Mahkamah Tinggi)

    The Court held that the Plaintiff validly exercised the Put Option and established entitlement to specific performance; the Defendant failed to produce any credible or contemporaneous evidence to raise a bona fide triable issue of fraudulent misrepresentation or to prove that the Plaintiff sold the specific Sale Shares in breach of Clause 6.1(c); Clause 6.1(c) is ambiguous and unenforceable; the Put Option properly covered 27,000,000 shares after the company share split; accordingly both applications were allowed and the counterclaim struck out.