LEONG FUI YEE v YU YI PENG
Catchwords
Having considered the foregoing issues, I am of the view that the central question for determination is whether the Defendant had induced the Plaintiff to enter into the investment ventures in TGR Property Sdn Bhd and True Grow Resources Sdn Bhd by means of false promises and misrepresentations. The ancillary issues relating to the alleged friendly loan and the balance sum shall be addressed in due course. The Plaintiff alleged that she was induced to make the investment by reason of false representation on the part of the Defendant. Fraudulent misrepresentation arises where a false statement is made knowingly, without belief in its truth, or recklessly, without caring whether it be true or false. To succeed, the Plaintiff must establish reliance upon the misrepresentation and that she thereby suffered loss. The governing principles are well-settled in common law, as authoritatively laid down in Derry v. Peek [1889] 14 App Cas 337, and have been consistently applied by the Malaysian Courts, including in Yeohata Machineries Sdn Bhd & Anor v. Coil Master Sdn Bhd & Ors [2016] 2 CLJ 414 and Victor Cham & Anor v. Loh Bee Tuan [2006] 3 CLJ 770.
Judges (1)
Parties (2)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-83-06-2020)