Evrol Mariette Peters JC

Introduction

[1] This was an appeal ("this Appeal") by the Appellant against the decision of the learned Magistrate on 12 October 2020, who allowed the Respondent's claim. For ease of reference, the Appellant and Respondent will be referred to respectively as the Defendant and Plaintiff.

The Background Facts

[2] On 11 October 2017, the Plaintiff signed a sale and purchase agreement ("SPA") with the Defendant for the purchase of Parcel E-37-11, Laman Damai Satu ("the Property") for the purchase price of MYR670,384. Together with the SPA, the Plaintiff had also signed a Sales Form, Special Promotional Package, and Reminder; and paid an initial payment of MYR10,000 ("the Deposit"). The Plaintiff continued to make another payment on 9 November 2017, and two more on 16 April 2018, resulting in a total of MYR80,445.20. The Defendant, however, had signed the SPA only on 7 August 2018.

[3] Sometime in August 2018, the Plaintiff had changed his mind about the contract and refused to proceed with it. As a result thereof, the Defendant sent a Deed of Revocation to the Plaintiff which he had signed on 18 January 2019. In accordance with the Deed of Revocation, after