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2019 MarsdenLR 1401

HIGH COURT MALAYA SHAH ALAM
LIEW SWEE YEE – Appellant
Versus
METRO HOMES SDN BHD – Respondent


Table of Content
1. allegation of illegality due to licensing not applicable; claim deemed valid. (Para 14 , 15 , 18)
2. licensing does not bar partnership validity. (Para 19)
3. amount claimed is justified and supported by evidence. (Para 20 , 21)
"Following the decision of Boustead Trading (1985) Sdn Bhd v. Arab Malaysia Merchant Bank Berhad, [1995] 3 MLJ 331, even if I am wrong in holding the sole proprietor of the firm to be the party to the sub-contract, the Defendant is estopped in law from claiming otherwise under the doctrine of estoppel (see p 344 of the judgment of Gopal Sri Ram JCA [as he then was]). His Lordship writing the judgment of the Federal court in this case adopted the pronouncements of law in Waltons Store [1988] 164 CLR 387 that a party to a contract may be estopped from asserting that there was no valid and binding contract between him and his opponent if his conduct acknowledged the existence of a valid and binding contract. Similarly here, it is too late in the day for the Defendant to claim that no sub-contract came into existence after having received the benefit of the goods and services provided by the owners of the firm and having made payments to it pur

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