8 Apr 2025
1. ) LIM SWEE CHOO 2. ) CHIAM ENG HUAT @ CHIAM ENG HONG ONG KOH HOU @ WON KOK FONG
- Citation
- 02(f)-22-07/2024(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-22-07/2024(W) (Mahkamah Persekutuan)
The Federal Court allowed the Plaintiffs' appeals, holding (i) the doctrine of total failure of consideration is a restitutionary doctrine tested by whether the promisor performed any part of the contractual duty for which payment was made (Stocznia), not by whether the promise was performed 'in its entirety' as stated in Berjaya Times Square; (ii) restitution is available only after the contract has ceased to govern the parties' rights; (iii) Defendant with unclean hands and whose subsequent SPA with DA Land was declared illegal could not invoke restitution to recover RM23,000,000; and (iv)…