15 Sept 2023
TKH CONSTRUCTION SDN BHD 1. ) DMC DEVELOPMENT SDN BHD 2. ) YAP HOE HUP 3. ) TAN LEE HIONG 4. ) JEFFREY YAP LEE WEI
- Citation
- BA-22NCvC-295-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-295-08/2020 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that RM2,438,100.00 was paid to defendant first; the receipt was shown to be internal and uncorroborated, plaintiff did not call DMC witnesses who could explain the receipt, and facts indicated DMC lacked funds. Consequently the sale contract is void for non-payment under s26 Contract Act and plaintiff's claims fail. There was no evidence of fraud or impropriety to justify piercing the corporate veil of the defendant company or holding directors personally liable.