17 August 2023

Our Legal Associate Sharanya Visualingam, together with Aida Liyana Zainal Rashid and our pupil-in-chambers, Sarah Kamaruzaman had on 09.08.2023, acted for Petronas Dagangan Berhad (“the 1st  Defendant”) in a Land matter and succeeded in a Striking Out Application against the Plaintiff’s Claims.

Parties had entered into Sale-Purchase Agreement (“the Agreement”) whereby the Plaintiff had agreed to sell to the 1st  Defendant a land located in Johor Bahru amounting to RM6,578, 800.00 (“Purchase Price”). The payment of the Purchase Price had been settled by the 1st Defendant in the year 2007. However, in the Statement of Claim, the Plaintiff had prayed, inter alia, for an order for the 1st  Defendant and the 2nd Defendant (the Plaintiff’s solicitors at the material time) to pay the balance of the Purchase Price amounting to RM5,920,920.00 to the Plaintiff as the Plaintiff claimed she had never received the full Purchase Price.

In the Striking Out Application, we had submitted that  the Plaintiff did not have a reasonable cause of action against the 1st  Defendant since it was clear that the Plaintiff had allowed for the Purchase Price of the Land to be paid to its solicitors at the material time, i.e. the 2nd Defendant and that both the Plaintiff and the 2nd Defendant do not deny that the Plaintiff had paid the full Purchase Price. Hence, the 1st Defendant had acted in a bona fide manner throughout the transaction and has a good indefeasible title over the Land. Further, we also submitted that the Plaintiff had also failed to plead the particulars of fraud against the 1st Defendant and that her claim was time-barred.

Having heard submissions from counsels for both parties, the Court allowed the 1st Defendant’s Striking Out Application with costs.

For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Bailey Leong Pui Yee

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