4 Apr 2022
NITHIANANTHAN A/L VELLU ARI KRISHNAN A/L MANIAM
- Citation
- WA-22NCvC-261-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-261-06/2020 (Mahkamah Tinggi)
The court found on the evidence the transaction was a loan secured by sham sale documents, the supplemental agreement was vague and lacked necessary bank consent and clarity, and the Plaintiff had acted mala fide; therefore discretionary equitable relief of specific performance was refused. The court ordered restitution of RM130,000 under section 66 Contracts Act and declined to award damages; costs were awarded to the Plaintiff in the sum of RM10,000.