Appeal allowed

Interesting day today. Finally, the Court of Appeal agreed that the matter be fully ventilated via full trial.

Some brief facts

on 02/05/2003, my client agreed to purchase 2 plots of land in Penang for a total consideration RM2,862,893-88. After executing the Sale and Purchase Agreement, our client did some investigations and realized that a portion of 1 of the lot purchased was subject to acquisition to expand the Penang International Airport. Hence, the Sale and Purchase Agreement,  according to our client, was mutually terminated. The Vendor, however, could not afford to refund the deposit amounting to RM200,402-57 paid by our client.

After some discussions, our client, on 24/03/2004, decided to repurchase 1 lot for RM1,450,211.00 and the deposit of RM200,402-57 paid on 02/05/2003 was retained and via Sale and Purchase Agreement dated 07/09/2004, purchased the remaining 1 lot for RM1,412,682.80. A sum of RM100,000-00 deposit was paid. Our client subsequently stopped payment on the cheque for RM100,000-00 as the deposit amounting to RM200,402-57 was deemed sufficient.

Subsequently, the Vendor terminated the Sale of Purchase Agreements dated 24/03/2004 and 07/09/2004, alleging failure on the part of our client to pay deposit. Upon terminating the Agreements, the Vendor died. The executor of the estate thereafter sold both the properties to a third party.

Our client sued the executor for specific performance and the matter was struck off by the High  Court Penang when the executor applied to have the same struck off. Our client appealed and the appeal was dismissed. Appeal to the Federal Court was subsequently withdrawn when our client found out that the Will of the Vendor may have been forged.

When all the above happened, we were not Solicitors representing the Purchaser.

The Purchaser thereafter come to see us and we decided to take up the matter and challenge the Will, the Probate, the Order for sale and the subsequent sale to the third party.

Again the Vendor and the subsequent purchaser applied to strike out our suit and the Penang High Court allowed their applications. We appealed, and today, the Court of Appeal allowed our appeals and reverted the matter back to the High Court Penang to be heard on merits.

Long and colorful isn't it.