20 Oct 2019
1. PANNIR SELVAM A/L SINNAIYAH (NO. K/P: 691017-05-5127) 2. SANTHI A/P PERUMAL (NO. K/P: 720514-01-5628) 1. TAN CHIA FOO (NO. K/P: 810827-01-6313) 2. NG CHIN WEI (NO. K/P: 951030-01-5697) 3. PENDAFTAR HAKMILIK JOHOR 4. KERAJAAN NEGERI JOHOR
- Citation
- JA-22NCVC-273-12/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-273-12/2017 (Mahkamah Tinggi)
The court accepted Plaintiffs' evidence that the sale agreements were sham devices to secure loans: contemporaneous WhatsApp messages and bank transactions, the striking pattern of repeated low-value SPAs and rescissions, and unusual contractual terms rendered the Agreement a façade. Parol evidence rule did not exclude the evidence since the validity of the transaction was in issue. The First Defendant's title was defeated under NLC s340 and the Second Defendant failed to prove he was a bona fide purchaser for value; accordingly transfers were set aside and Plaintiffs' principal reliefs grant…