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2015 MarsdenLR 1788

HIGH COURT MALAYA KUALA LUMPUR
MOK YII CHEK – Appellant
Versus
SOVO SDN BHD AND ORS – Respondent


Table of Content
1. breach of contract and its implications (Para 1 , 2 , 3)
2. evidence and witness reliability (Para 10 , 11 , 12)
3. issues of investment versus loan (Para 18 , 19)
4. interpretation of loan terms and conditions (Para 40 , 41)
5. final ruling and authority of the court. (Para 56 , 94)
Wong Kian Kheong JC:

A. Introduction

[1] This is a judgment after the trial of a claim (This Suit) based on:-

(a) breach of contract;

(b) total failure of consideration; and/or

(c) unjust enrichment

(3 Causes of Action).

[2] The interesting feature of this case is that the plaintiff (Plaintiff) obtained a judgment in default against the second defendant (2nd Defendant) and the 2nd Defendant testified as a witness for the Plaintiff against the first defendant company (1st Defendant) and third defendants (3rd Defendant). Ironically, the 1st and 3rd Defendants subpoenaed the 2nd Defendant's wife, Ms Sara Tsoi Shoi San (SD1) to give evidence for the 1st and 3rd Defendants!

B. Parties

[3] The Plaintiff is an individual who is a businessman.

[4] The 1st Defendant is a private limited company which is involved in the business of renting out fully renovated and outfitted office units known as "SOVO" (small

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