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2017 MarsdenLR 579

FEDERAL COURT PUTRAJAYA
LING PEEK HOE & ANOR – Appellant
Versus
DING SIEW CHING & ANOTHER APPEAL – Respondent


Table of Content
1. initial facts and context of property ownership. (Para 1 , 2 , 8 , 12 , 14)
2. standard of proof required in misrepresentation claims. (Para 7 , 19)
3. high court findings based on erroneous standard of proof. (Para 17)

[1] For convenience, in this judgment, unless otherwise stated, the parties are referred to as they were at the High Court. The 1st and 2nd appellants are referred to as the 1st and 2nd plaintiffs or collectively as 'the plaintiffs'. As for the respondents, Ding Siew Ching, Golden Star, Ding Toh Biew, Ding Toh Gien and Ding Toh Lei are referred to individually as the 1st, 2nd, 3rd, 4th and 5th defendants respectively or collectively as 'the defendants'.

[2] On 18 August 2006, the plaintiffs commenced an action against the five defendants for, inter alia, (i) an order to declare that the sale and purchase agreements of three pieces of properties, and the tenancy agreements and transfers of those properties, were null and void and (ii) damages against the 1st defendant for failure to exercise reasonable professional care, skills and diligence (the main suit - Suit 203).

[3] The 3rd, 4th and 5th defendants then filed a claim against the 1st plaintiff in 2

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