21 Feb 2022
1. Lee Fah Pin 2. Toh Ger Poh Great Five Development Sdn Bhd
- Citation
- BA-22NCvC-34-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-34-01/2020 (Mahkamah Tinggi)
Court found the SPA and Memorandum of Transfer were valid and binding, the plaintiffs paid the full discounted purchase price of RM320,000 into the defendant's Maybank account, there was no proven fraud or forgery, Turquand's rule and ratification/acquiescence applied, the defendant evinced no intention to commence construction and thus repudiated the contract and there was a total failure of consideration; accordingly the SPA was rescinded and plaintiffs entitled to refund with interest and costs; defendant's counterclaim dismissed.