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2013 MarsdenLR 2404

HIGH COURT MALAYA KUALA LUMPUR
UNIVER CORPORATION SDN BHD (IN LIQUIDATION) & ANOR – Appellant
Versus
LIAN MONG YEE @ LIAN MUNG YEE & ANOR – Respondent


Table of Content
1. breach of sale & purchase agreement (Para 1 , 2 , 3 , 5)
2. arguments on validity of stt-spa (Para 4 , 6 , 30)
3. court's observation on evidence (Para 7 , 26 , 48)
4. various factual background established. (Para 9 , 10 , 11 , 12 , 13 , 14)
5. conditions under stt-spa assessed. (Para 20 , 21 , 47)
6. hearsay evidence affects credibility. (Para 55)
7. no party can benefit from own default (Para 63 , 64)
8. plaintiffs' breach undermines their claim. (Para 65 , 69)

[1] This is a writ action filed by the plaintiffs against the defendants for breach of a Sale & Purchase Agreement entered into between the plaintiffs and the defendants dated 25 March 1999 ("STT-SPA"). The STT-SPA was entered into by the plaintiffs and the defendants to dispose the Land and Development Project known as the Subang Twin Towers Business Centre ("STTBC") as part of the Restructuring Exercise carried out by the plaintiffs and the holding company, YCS Berhad Group of Companies ("YCS") ("pp 215 to 286 of "B"). The land on which the STTBC stood is identified as HS (D) 59907, PT No 11097, Mukim Damansara, Daerah Petaling, Negeri Selangor ("the Land"). The 1st plaintiff is the registered proprietor of th

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