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HIGH COURT MALAYA JOHOR BAHRU
TEY MOON KIM – Appellant
Versus
HON SIEW MEI – Respondent
| Table of Content |
|---|
| 1. specific performance vs damages for breach (Para 1 , 1 , 2 , 3 , 4) |
| 2. plaintiff's evidence regarding contract breach (Para 5 , 6 , 7) |
| 3. defendant's defense arguments (Para 8 , 9 , 10 , 11) |
| 4. admissibility of documents in evidence (Para 12 , 13 , 14 , 15) |
| 5. fundamental principles of pleadings (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. burden of proof considerations (Para 23) |
[1] The plaintiff's claim against the defendant is for specific performance of an agreement for the sale of a double storey semi-detached house or alternatively for damages for breach of contract.
Brief Account Of The Facts
[2] The defendant is a Singaporean citizen residing in Singapore. She is the registered owner of a double storey semi-detached house known as No 107, Jalan Dato Sulaiman, Taman Abad, 80250 Johor Bahru ('the Property'). On or about 7 February 2011, she appointed one Madam Kow Fuk Chan ('KFC') as her exclusive agent to sell the Property for RM1 million or more.
[3] KFC subsequently approached one Mr Lim Guat Beng ('Lim') and informed him that the Property was for sale for RM1 million. Lim later informed KFC that he had a purchaser who was interested to buy the Property. Lim then p
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