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2020 MarsdenLR 1680

HIGH COURT SABAH & SARAWAK KUCHING
TIONG SHIUN SAN & ORS – Appellant
Versus
LEE KIM JIUNG – Respondent


Petitioner Advocates:Ian Lee,Arthur Lee ,Respondent Advocate: Shankar Ram,Russell Lim,Yu Ying Ying,Thomas

JUDGMENT

Christopher Chin Soo Yin JC:

Brief Facts

[1] The following are the brief facts of the case as narrated in the submission of the Defendant (Encl 221) after the trial had concluded.

[2] Sometime in 2013, the Defendant faced financial difficulties as he had to repay debts to several persons.

[3] Here the Plaintiffs in Encl 226 adopt a different narrative and which is not denied by the Defendant. They maintain that the Defendant is and was at all times operating in the business of property development and is currently undertaking the construction of a service apartment project through his company, Millennium Crest Sdn Bhd at King's Centre, Kuching.

[4] The Defendant's project was loosely called "SERVICE APARTMENT PROJECT AT KING'S CENTRE, KUCHING UNDER MILLENIUM CREST SDN BHD" ("the Project") or otherwise also known as "Proposed 16 storey strata title commercial cum services apartment, AVTC and Amalgamated of Lot 10815, New Lot 11214 (Part of parent lot 10816) and State lands, part of Lots 7856 and 10814 (applied for) Section64, KTLD, Jalan Wan Alwi".

[5] The debts of the Defendant arose from the Project.

[6] The Defendant sourced for funds to repay these debts and got his children, L


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