HIGH COURT MALAYA KUALA LUMPUR
NG SOON HUAT – Appellant
Versus
TEH HONG ANN – Respondent
| Table of Content |
|---|
| 1. summary judgment application and reliefs sought (Para 1 , 2) |
| 2. background facts of the ssa and parties (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. triable issues regarding specific performance (Para 15) |
| 4. court's analysis supporting specific performance (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
Introduction
[1] Enclosure 26 was the Plaintiff's application for summary judgment wherein the Plaintiff sought for, inter alia, the following reliefs:
(a) specific performance of the share sale agreement dated 1 September 2023 ("the SSA") for the sale of 119,815 shares ("the Sale Shares") held by the Plaintiff in Ann Heng Sdn Bhd ("the Company") through the following means:
(i) the Defendant to pay the remaining balance of RM4,000,000.00 to the Plaintiff within 14 days from the date of judgment; and
(ii) the parties to complete the sale of the Sale Shares in accordance with cl 4 of the SSA;
(b) alternatively, damages to be assessed for the Defendant's breach of contract as an addition or substitute for specific performance;
(c) the Defendant to procure the payment of Director's Fees by the Company to the Pl
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