JINGSHI HOLDINGS (M) SDN BHD v TETUAN PATRICK YEOH & COMPANY (sebuah firma)
wa-22ncc-277-06-2022 High Court (Mahkamah Tinggi) 27 October 2024 • WA-22NCC-277-06/2022 • 31 min read
3 cases cited
(1 SG, 2 foreign)
Catchwords
CONTRACT LAW: Stakeholder arrangements – Deposit for share purchase – Nature and characterization of payment – Whether RM1,000,000 constituted conditional stakeholder sum or non-refundable deposit – Whether oral representations regarding refundable stakeholder funds were made – Whether binding agreement for share purchase was concluded – Whether stakeholder obligations arose – Burden of proof in establishing stakeholder relationship RESTITUTION: Money had and received – Unjust enrichment – Recovery of payments – Whether payment made with intention for defendant to receive for own benefit – Whether legal threshold for money had and received claim satisfied – Whether defendant entitled to retain funds under concluded agreement EVIDENCE: Burden of proof – Credibility of witnesses – Documentary evidence versus oral testimony – Whether contemporaneous documents have probative value – Whether witness testimony internally contradictory and unreliable – Whether plaintiff discharged burden of proving case on balance of probabilities – Weight to be accorded to objective documentary evidence versus uncorroborated oral assertions COMMERCIAL LAW: Share purchase agreements – Due diligence obligations – Forfeiture of deposits – Whether failure to complete purchase results in forfeiture – Whether conduct of parties consistent with concluded agreement or exploratory negotiations
Judges (1)
Counsel (5)
Cases Cited (3)
SLR (1)
[1994] 3 SLR(R) 836
MY (2)
[1969] 1 MLJ 236 [2017] 4 MLJ 697
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-277-06-2022)