ELEGANT GROUP SDN BHD v 1. ) VITAL LIVING EMPIRE SDN BHD 2. ) SASHITHERAN A/L KANAGASABAPATHI 3. ) VIGNESWARAN A/L AH WALI 4. ) TETUAN CHEONG CHAMBERS
Catchwords
The Appellant appealed against the dismissal of its preservation order application under Order 29 Rule 2(3) of the Rules of Court 2012 concerning RM164,758.63 in disputed monies. The High Court allowed the appeal, holding that the Sessions Court erred by prematurely determining ownership and entitlement at the interlocutory stage and by misapplying sections 66 and 73 of the Contracts Act 1950. The Court found a genuine dispute existed, supported by express pleadings, contemporaneous correspondence, and a prior judicial finding that the alleged oral agreement underpinning the payment was non-existent. The disputed sum was ordered to be held by the current Appellant's solicitors as stakeholders pending trial, in place of its former ones. Preservation order; Order 29 Rule 2(3) Rules of Court 2012; interlocutory application; stakeholder; genuine dispute; ss 66 and 73 Contracts Act 1950
Judges (1)
Judgment
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