19 Apr 2024
Hong Cin Yee 1. ) Oristana Sdn. Bhd. 2. ) Ho Ka Yi
- Citation
- BA-12BNCvC-50-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-50-11/2023 (Mahkamah Tinggi)
The trial judge was plainly wrong in failing to consider pleaded admissions and contemporaneous evidence that the premises lacked a valid CCC and were subject to agricultural-use restrictions; a term requiring a valid CCC was properly implied given the commercial purpose and admissions, and because the intended industrial use would breach land-use conditions the agreement was tainted by illegality under s24 Contracts Act 1950 and National Land Code; therefore the deposit must be returned and the agent is not entitled to commission; prejudgment interest was not awarded as the claim for refund…