16 Mar 2021
CHOONG ENG JOO LIVE & TASTE THE HERITAGE SDN. BHD.
- Citation
- P-02(NCVC)(W)-124-01/2020 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- P-02(NCVC)(W)-124-01/2020 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal because the High Court materially misappreciated evidence: it failed to consider binding statutory declarations and bank loan special conditions prohibiting hotel use, there was no documentary/company resolution proof that the company acquired the Fish Lane property or paid for it, and the alleged oral joint venture was unproved and rendered unworkable; therefore no constructive trust existed and the declaratory and compulsory trust orders were set aside; appeal allowed with costs RM30,000 subject to allocator.