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2019 MarsdenLR 424

HIGH COURT MALAYA JOHOR BAHRU
GRAND TRACTOR PARTS SDN BHD – Appellant
Versus
GRAND TRACTOR & AUTO PARTS SDN BHD & ORS – Respondent


Petitioner Advocates:Dato' Meyappan Pillai,Alvin Teo ,Respondent Advocate: HL Pang

Table of Content
1. claim regarding asset transfer. (Para 1 , 3 , 5 , 6 , 7)
2. claims found statute-barred. (Para 12 , 16 , 26)
3. laches principle applied. (Para 19 , 30 , 56)
4. void due to fraudulent misrepresentation. (Para 50 , 58 , 62 , 67)
5. court's conclusion on claims. (Para 69 , 107)
Evrol Mariette Peters JC:

The Claim

[1] This is the Plaintiff Company's claim against the Defendants, inter alia, for the following:

a) MYR1,100,000 from the Defendants, for the sale and transfer of all the Plaintiff Company's assets and liabilities to the First Defendant Company;

b) MYR143,873.66 from the First and Second Defendants for tax refund due;

c) MYR590,084 from the Second and Third Defendants, being a loan given to the Second Defendant.

[2] I dismissed the Plaintiff Company's claim for the following reasons:

The Background Facts

[3] The Plaintiff Company was incorporated on 21 August 1984. After its incorporation, it started a retail business in Gua Musang, Kelantan selling spare parts for tractor and heavy machinery, whilst under the charge of one Mr Tay Ko Hwa ("Mr Tay"). The spare parts were mostly supplied by Triumphal Associates Bhd, which was a company that Mr Chey Cheng Wah, the Third D

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