27 Nov 2024
Hong Leong Assurance Bhd Phun Yoon Hoon
- Citation
- WA-A72NCC-29549-08/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72NCC-29549-08/2023 (Mahkamah Majistret)
The Court held the payment was not a payment 'by mistake' within s.73 because the Plaintiff intended the recipient and the amount paid matched the Plaintiff’s communicated settlement; restitution under money had and received was not available because the Defendant received the payment in good faith without knowledge of any taint and the settlement was a discretionary goodwill offer forming a binding agreement once accepted; accordingly both the Plaintiff's claim for repayment and the Defendant's counterclaim for harassment were dismissed.