2 Mar 2026
HONG XIN CONSTRUCTION SDN BHD 1. ) ZANA BINA SDN BHD 2. ) CHOK KIM SIN
- Citation
- JA-22NCC-75-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCC-75-11/2020 (Mahkamah Tinggi)
On the evidence the cheques were issued as conduit payments on behalf of the 2nd Defendant conditioned on Cosmic paying the Plaintiff; consideration totally failed; the Settlement Agreement and contemporaneous conduct show liability rested on the 2nd Defendant; RM1,872,019 was paid under protest ("Without Prejudice") and is recoverable; prior proceedings were interlocutory or involved different parties and do not bar the claim; therefore Plaintiff recovers RM2,582,019 from the 1st Defendant with interest and the 1st Defendant's counterclaim fails.