29 Nov 2019
1. KUCHAI ESTATES SDN. BHD 2. DATO’ TAN KIM LEONG 3. DATIN HIEW AH LAN PRESTIGE ALLOY SDN. BHD.
- Citation
- W-02(NCVC)(W) 1283-07/2016 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W) 1283-07/2016 (Mahkamah Rayuan)
The Court held the actual land area is 7177.50 m2 based on the approved survey plan and final title which are conclusive under NLC s396(2); Clause 20 adjustment did not apply because parties and supplementary agreements arose from a mutual misapprehension of computerized versus original qualified title; there was insufficient proof of fraud or conspiracy to justify piercing the corporate veil; the plaintiff was not entitled to the damages awarded; the 1st Defendant’s counterclaim to terminate was dismissed because the plaintiff acted in good faith, had paid deposit and D1 had encumbered the l…