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HIGH COURT MALAYA, KUALA LUMPUR
GAN SENG BIANG – Appellant
Versus
PRIYAMAS EXPORT CORPORATION SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. refund of earnest deposit in failed property transaction. (Para 1 , 2 , 3 , 4 , 5 , 8 , 9) |
| 2. defendants' counterclaim challenging validity of earlier judgments. (Para 11 , 12 , 20) |
| 3. recognition of res judicata in litigation. (Para 13 , 14 , 19 , 21) |
| 4. finding on frivolous and unsustainable counterclaims. (Para 17 , 18 , 24 , 28) |
| 5. defense arguments on equitable fraud rejected. (Para 33 , 34 , 40) |
| 6. court allows striking out of counterclaim. (Para 44) |
Prologue
[1] This is a case of a Sale and Purchase Agreement of a piece of land that went wrong and the difficulty of getting a refund of monies paid by a purchaser to a vendor. Even after judgment is obtained in one's favour, it is still not certain if one can immediately realise the fruits of one's successful litigation.
Parties
[2] The plaintiff is a developer and he was interested in the 1st defendant's land. He entered into a Memorandum of Understanding (MOU) dated 31 July 1997 with the 1st defendant for the purchase of the whole of the said land at RM31 per square feet, for a total purchase price of RM2,869,515 and the plaintiff paid an earnest deposit of RM57,390.30 to the 1st defendant. However
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