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2019 MarsdenLR 2337

HIGH COURT MALAYA SHAH ALAM
KINDA HARDWARE TRADING (KL) SDN BHD – Appellant
Versus
KUMPULAN A BESIK SDN BHD – Respondent


Petitioner Advocates:K Kirubakaran,Kira Tom Lim,Molly BT Lim ,Respondent Advocate: Wong Rhen Yen,Carolyn Cheah Chew Han,Ahmad Ezmeel Ahmad Tarmizi

Table of Content
1. details of the transactions leading to the dispute. (Para 1 , 3 , 4)
2. overview of involved parties and transactions. (Para 14)
The Trial

[1] This is the trial of an action between Kinda Hardware Trading (KL) Sdn Bhd ("Kinda Hardware ") and Kumpulan A Besik Sdn Bhd ("Besik") which centres on the validity of a transaction between them and another two transactions between Besik and Prinsiptek (M) Sdn Bhd ("Prinsiptek"). All three transaction took place some 24 months prior to Besik being wound up and are as follows:

a. the sale of a two and a half storey terrace house by Besik to Kinda Hardware vide a sale and purchase agreement dated 13 October 2008;

b. the transfer of a sum of RM650,000.00 from Besik's account to Prinsiptek on 14 January 2009; and

c. the transfer of a sum of RM131,200.00 from Besik's account to Prinsiptek on 25 August 2010.

The Facts In Outline

[2] I shall begin by setting out the facts in outline. Save where otherwise indicated, these facts were all agreed or not disputed.

[3] Besik is a company incorporated in Malaysia. It was the licensed housing developer of a housing development known as Taman Bukit Serdang ("the project"). It appointed Prinsiptek a

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