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HIGH COURT MALAYA SHAH ALAM
WONG KIAT BEE & ANOR – Appellant
Versus
CHIN CHEE KEONG – Respondent
| Table of Content |
|---|
| 1. summary of the breach of contract claim. (Para 1 , 2) |
| 2. key issues for determination. (Para 3) |
| 3. burden of proof lies with the plaintiffs. (Para 4 , 5 , 6) |
| 4. credibility and evaluation of testimony. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. credibility of evidence weighs against plaintiffs. (Para 16 , 29) |
| 6. plaintiffs failed to meet burden of proof. (Para 30) |
| 7. final ruling and dismissal of the claim. (Para 32) |
[1] This is an action that proceeded to trial on a claim by the Plaintiff for breach of a Share Sale Agreement ('SSA') by the Defendant ('D') by reason of alleged non-payment by him of the balance purchase price for 5000 units of shares in the Plaintiff's company in the sum of RM2.5 million owed to the Plaintiffs.
Factual Background Of Claim
[2] The salient facts leading to the present claim are well set out in the Defendant's Submission as follows:
"Sometime in 2010, the Defendant got acquainted with the First Plaintiff's father by the name of Wong Boon Chuan ('WBC') who invited the Defendant to venture into property development of a piece of land in Rawang.
D agreed to the idea. So WBC formed a company called Lagendview Housing Development Sdn Bhd ('the Company') to
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