14 Nov 2024
SUNSUI REALTY SDN BHD 1. ) ORIX CREDIT MALAYSIA SDN BHD 2. ) MA SU TENG
- Citation
- BA-22NCvC-219-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-219-06/2023 (Mahkamah Tinggi)
The equitable duty to disclose does not arise because the defect complained of (large visible TNB tower and lines) was discoverable by the purchaser through the ordinary care expected in an 'as is where is' auction sale (visual inspection); therefore caveat emptor applies, the omission in the proclamation did not vitiate the judicial sale, and the plaintiff's claim is dismissed.