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COURT OF APPEAL MALAYSIA
KUM HUI BING – Appellant
Versus
PREMIUM PLAZA SDN BHD – Respondent
| Table of Content |
|---|
| 1. claims about established facts on cheque issuance. (Para 1 , 4 , 6) |
| 2. facts regarding cheque issuance. (Para 5) |
| 3. issue of dishonour and lack of privity highlighted. (Para 8 , 14) |
| 4. appeal focuses on cause of action. (Para 11 , 12) |
| 5. analysis of consideration and liability under statutory provisions. (Para 16) |
| 6. discussion on consideration and liability. (Para 18 , 20) |
[1] This is an appeal against a part of the decision of the High Court delivered on the 26 February 2015 in which the learned Judge dismissed the Plaintiff's claim against the 1st Defendant for a sum of RM 1 million on a cheque ("the cheque") that was dishonoured upon presentment.
[2] For ease of reference, parties will be referred to as they were in proceedings before the High Court.
Background Facts
[3] The facts relating to the issuance and subsequent dishonour of the cheque are not disputed.
[4] By a share sale and purchase agreement dated 20 December 2010 ("the share sale agreement"), between the Plaintiff and the 2nd Defendant, the 2nd Defendant was required to pay the Plaintiff the consideration of RM6.5 million for the purchase of 375,000 ordinary shares in Times Academy Sdn Bhd ("TASB"). This a
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