Au Meng Nam & Anor v Ung Yak Chew & Ors Summary of Decision 6

Au Meng Nam & Anor v Ung Yak Chew & Ors Summary of Decision 6
(6)   (per Raus JCA; Hasan JCA concurring)

No liability could be attached against the second and    third defendants. The first defendant had adduced no evidence at the trial to support the allegation that the
second and third defendants were negligent. Moreover from the circumstances of the transaction it clearly indicated that the first defendant took a commercial decision to purchase the land which he admitted was a good bargain. In a single day, he visited the land, decided to purchase it and agreed to the term of the sale including an initial payment of 80% of the purchase price in cash. These were done before the first defendant consulted the second defendant. The second defendant in his evidence stated that when the first defendant came to
see him, he informed him (first defendant) of the risk. But according to the second defendant, the first defendant who was a regular client and was familiar with sales and purchase of real property, wanted to
proceed with the transaction urgently. The second defendant further testified that instructions were given to him to prepare the terms as had already been agreed upon. Certainly, under such circumstances the second and third defendants could not be blamed. Accordingly the first defendant’s claim against the second and third defendants was dismissed (see paragraph 47).

No liability Tiada liabiliti
could be attached against Dapat dikaitkan terhadap
had adduced no evidence tidak mengemukakan sebarang keterangan
to support the allegation Untuk menyokong pengataan
a good bargain satu tawaran yang baik
the term of the sale terma jualan
including termasuklah
An initial payment Bayaran pendahuluan
consulted Meminta nasihat
Informed him memaklumkannya
a regular client Pelanggan tetap
urgently. dengan segera
Certainly Sememangnya,
could not be blamed Tidak patut dipersalahkan
Accordingly Sewajarnya
dismissed ditolak
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