26 Aug 2021
ZECON CAPITAL VENTURES SDN BHD AFFIN HWANG INVESTMENT BANK BERHAD
- Citation
- Q-02(A)-1787-09/2019 (Mahkamah Rayuan)
- Court
- A
- Case number
- Q-02(A)-1787-09/2019 (Mahkamah Rayuan)
The Court of Appeal found the High Court erred in law by applying the 'cause to the contrary' test from NLC s256 instead of the correct SLC s148 'as in the circumstances seems just' test. On the evidence, including contemporaneous letters, the charge was induced by misrepresentation/undue influence and there was total failure of consideration; the respondent's conduct was unconscionable. Therefore it was not just to order sale and the High Court order for sale was set aside with costs to the appellant.