NZ NEW IMAGE SDN BHD vs LOH YOK LIANG

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 2621

COURT OF APPEAL PUTRAJAYA
NZ NEW IMAGE SDN BHD – Appellant
Versus
LOH YOK LIANG – Respondent

Table of Content
1. appeal against refusal for specific performance of share transfer. (Para 1 , 2)
2. insufficient pleading of damages limits court's ability to award. (Para 6 , 29)
3. court found share transfer void post liquidation without their sanction. (Para 8 , 10 , 18)
4. appeal dismissed due to lack of validation and proper pleading. (Para 36)

Idrus Harun JCA:

Introduction

[1] This is an appeal directed against part of the decision of the learned High COURT Judge given on 5 August 2014 in not granting the order for specific performance of Clause 15 of the Agreement dated 2 March 1999 or in lieu thereof, damages in favour of the appellant. On 31 March 2015, we heard both learned counsel for the appellant and the respondent and accordingly dismissed the appeal unanimously.

Facts

[2] The Agreement entered into between the appellant and the respondent on 2 March 1999 was with respect to the sale and purchase of shares in Amore Marketing (M) Sdn Bhd (Amore) in which the appellant agreed to purchase from the respondent 1,540,000 shares in Amore for 40 sen only per share with the total purchase price of RM616,000.00. After the execution of the Agreement, the name of Amore Marketing (M) Sd

Click Here to Read the rest of this document

2016 MarsdenLR 2621

COURT OF APPEAL PUTRAJAYANZ NEW IMAGE SDN BHD – AppellantVersusLOH YOK LIANG – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
NZ NEW IMAGE SDN BHD – Appellant
Versus
LOH YOK LIANG – Respondent