REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD (dahului dikenali sebagai Gapurna Land Sdn Bhd)
wa-22ncvc-481-08-2022 High Court (Mahkamah Tinggi) 23 June 2025 • WA-22NCvC-481-08/2022 • 41 min read
26 cases cited
(0 SG, 26 foreign)
Catchwords
[1] The Plaintiffs filed this Suit against the Defendant alleging negligence and/or fraudulent misrepresentation to induce the Plaintiffs to purchase condominium units developed by the Defendant. The misrepresentation was pertaining to a monorail station that would be built with a covered link bridge connected to a development project known as “Vivo Residences, 9 Seputeh” (Project). [2] It is trite law that the onus lies on the Plaintiff to prove his claim in order to succeed against the Defendant pursuant to sections 101 and 102 of the Evidence Act 1950. [3] This Court finds that on the evidence adduced, there was no assertive representation by the Defendant. In any case, it did not induce the Plaintiffs to enter into the SPAs. Therefore, on a balance of probabilities the Plaintiffs have failed to prove their claim against the Defendant and hence this Court dismissed the Plaintiffs claim with costs.
Judges (1)
Counsel (6)
Case Significance
REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD... is a High Court (Mahkamah Tinggi) decision dated June 23, 2025 (citation: wa-22ncvc-481-08-2022). The case was decided by Suzana binti Muhamad Said.
Key issues: [2] It is trite law that the onus lies on the Plaintiff to prove his claim in order to succeed against the Defendant pursuant to sections 101 and 102 of the Evidence Act 1950..
What was the outcome of REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD...?
REINIER JACOBUS BERNARDUS BOUWMEESTER & 89 OTHERS v MRCB SEPUTEH LAND SDN BHD... is a High Court decision dated June 23, 2025. The case was heard by Suzana binti Muhamad Said. See the full judgment for details.
Statutes Cited
Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)
Limitation Act 1953 (Cap 254)
Rules of Court 2012
Cases Cited (26)
UK (3)
[1896] AC 381 [1959] AC 789 [1977] 2 All ER 125
MY (23)
[1995] 3 MLRH 196 [1995] 4 CLJ 670 [1995] 4 MLJ 673 [2003] 3 CLJ 227 [2003] 3 MLJ 460 [2006] 3 CLJ 770 [2006] 5 MLJ 359 [2011] 5 MLJ 309 [2014] 2 CLJ 445 [2014] 4 AMR 301 [2014] 4 MLJ 465 [2014] 6 CLJ 269 [2015] 9 CLJ 422 [2015] MLJU 2238 [2019] 4 MLJ 561 [2019] 7 CLJ 667 [2020] MLJU 853 [2022] MLJU 3009 [2023] 2 CLJ 310 [2023] MLJU 376 [2024] 4 MLJ 340 [2024] 5 CLJ 942 [2024] MLJU 2463
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-481-08-2022)