ONG THYE PENG vs LOO CHOO TENG & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 2884

FEDERAL COURT PUTRAJAYA
ONG THYE PENG – Appellant
Versus
LOO CHOO TENG & ORS – Respondent

Petitioner Advocates:DP Vijandran,Ong Kheng Leong ,Respondent Advocate: K Prakash

JUDGMENT

Zulkefli Makinudin FCJ:

[1] This is an application by the third to the eighth respondents by way of notice of motion to have the decision of the Federal Court in Civil Appeal No 02-7-2006 (P) ("the appeal case") reviewed and reheard pursuant to r 137 of the Rules of the Federal 1995 ("RFC") to prevent injustice or to prevent an abuse of the process of the Court.

Background

[2] The relevant background facts leading to the present application by the third to the eighth respondents may be summarized as follows:

(1) Pursuant to the order of Court dated 25 August 1975 made in Penang High Court Originating Summon No 156 of 1975 the sale and purchase agreement in respect of landed properties belonging to the testator was entered into between the first and second respondents as duly appointed trustees by the Court and the third to the eighth respondents as purchasers on 8 January 1979.
(2) The order of Court dated 25 August 1975 referred to above, inter alia, reads as follows:
AND IT IS FURTHER ORDERED that the Testator's immovable property be sold with the approbation of the Judge free from encumbrances (if any) and subject to the encumbrances (if any) of such of them as shall be agre

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2009 MarsdenLR 2884

FEDERAL COURT PUTRAJAYAONG THYE PENG – AppellantVersusLOO CHOO TENG & ORS – Respondent

FEDERAL COURT PUTRAJAYA
ONG THYE PENG – Appellant
Versus
LOO CHOO TENG & ORS – Respondent