JUDGMENT

DECISION

Enclosure 3 herein relates to an application by the Plaintiff to set aside a "Consent Judgment" recorded between Plaintiff & Defendant in Civil Suit No. 22-505-2000 on the 5th December 2000 (hereinafter called the Consent Judgment).

The sole ground relied upon by the Plaintiff in setting aside a Consent Judgment is that it was caused by misrepresentation on the part of the Defendant through their solicitor's letter of 25.11.1999 (the said letter).

Before delving on the effect of the said letter it is only appropriate to retrace the background history.

The Plaintiff was initially the registered proprietor together with her brother LIANG GEE TONG in equal half share of a double storey shophouse held under HS (D) 11665 P.T. TLO 8721 Bandar Johor Bahru known as NO. 123 & 123A, Jalan Beringin, Taman Kebun Teh, 80250 Johor Bahru (hereinafter called the property).

Sometime in October 1999 Liang Gee Tong transferred his 1/2 share to the Defendant herein, who is the Plaintiff's nephew.

On 25.11.1999 the Defendant through his solicitors wrote the letter which is central to the Plaintiff's contention of misrepresentation entitling him to set aside the Consent Judgment obtained.

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