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2025 MarsdenLR 6000

HIGH COURT (PULAU PINANG)
AZIZAN MD ARSHAD, JC
Bernadette Jeanne De Souza – Appellant
Versus
Lau Tiang Hua – Respondent


Advocates:
Charles Rajah (with Lim Seang Lee) (Lim Seang Lee & Assoc) for the plaintiff.
Gregory Das, (with Chong Jen Hui) (Steven Thiru & Sudhar) for the defendant.

Azizan Md Arshad JC:

GROUNDS OF JUDGMENT

INTRODUCTION

[1]The Appellants’ (Plaintiffs) claim in brief is against the breach of the terms of the Sales and Purchases Agreement (SPA) dated 18.03.2015 by the Defendant. This appeal was filed by the Appellant against the Order of this Court on 20.08.2024 which allowed part of the Appellants’ claim against the Respondent (Defendant) with costs.

[2]The parties are referred to as they stand during the full hearing in the High Court. The parties are referred to as they were in the High Court. This trial took 15 days with a total of 8 witnesses (3 Plaintiffs’ witnesses and 5 Defendant’s witnesses)

RELIEF PRAYED FOR IN THE SOC BY THE APPELLANT/PLAINTIFFS

[3]Overall the Plaintiffs case is that there are several alleged breaches of contract in the SPA which are combined as a whole causing the Plaintiff’s to be denied the full right to enjoy the interest and benefits of Unit No. A-G-2. The Plaintiff has given a Letter of Termination of the Contract dated 10.12.2018 and reclaims the purchase price of the unit along with damages.

Based on the SOC, the Plaintiffs’ claim against the Defendant is as follows:

(1)an order that the Defendant do pay the sum of RM2

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