30 Jul 2020
1. Chong Siew Choo 2. Finest Vision Sdn Bhd 3. Merpati Emas Sdn Bhd 1. City Appraisal Consultant 2. Tetuan Kamarudin & Partners
- Citation
- JA-22NCVC-46-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-46-04/2019 (Mahkamah Tinggi)
On the balance of probabilities the court found D1 (through its sole proprietor Edward) acted as agent for an impostor, procured signatures and received purchase monies which it failed to account for; this conduct constituted fraud and warranted allowing plaintiffs' claim against D1. Conversely D2 (solicitor) conducted appropriate searches, relied on presented original title and confirmations from the agent, and acted with reasonable care so no breach of duty was found; D2's counterclaim for unpaid legal fees was allowed.