1 Mar 2023
1. ) WONG YONG FOOK 2. ) WONG HONG HWA COUNTRY GARDEN PACIFICVIEW SDN. BHD.
- Citation
- JA-12ANCvC-60-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12ANCvC-60-06/2022 (Mahkamah Tinggi)
The court dismissed all three appeals: the Sessions Court was right to refuse to strike out the plaintiff's claim because the claim was not plainly and obviously unsustainable; the amount actually paid plus the promotional rebate exceeded 10% of the purchase price so the HDR complaint failed on the facts, and even if HDR breach existed that would not automatically void the SPA; defendants failed to raise triable issues to resist summary judgment for specific performance; the counterclaim was not plainly and obviously sustainable and was properly struck out.