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2016 MarsdenLR 848

HIGH COURT MALAYA MELAKA
SIMPANG MAJU ENTERPRISES SDN BHD – Appellant
Versus
SOH YEN LING; MALAYAN BANKING BERHAD (THIRD PARTY) – Respondent


Table of Content
1. sale and purchase agreement details. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. counterclaims regarding loan obligations. (Para 10 , 11 , 12)
3. third party loan obligations. (Para 15 , 16 , 17)
4. lawfulness of contract termination and obligations. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)
Vazeer Alam Mydin Meera J:

The Antecedent Facts And Plaintiffs' Claim

[1] The late Chan Yau Seng ("the Deceased") entered into a Sale and Purchase Agreement dated 25 May 2012 with the Plaintiff for the purchase of a house being built by the Plaintiff, as developer, on a plot of land known as PT 7346, Mukim Kelemek, Daerah Alor Gajah, State of Melaka, held under HS(D) 19834 ("the Property") at a price of RM338,800.

[2] The Deceased obtained a loan from Malayan Banking Berhad, the Third Party, to part finance the purchase of the Property. The total loan amount of RM297,037 comprised two components, ie the sum of RM9,137 as the premium for the Mortgage Reducing Term Assurance (MRTA) to cover the loan, and the balance RM287,900 was to pay the balance purchase price. Messrs Anuar Hong & Ong, were the firm of solicitors who acted for the Deceased in both the Sale and Purchase

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