Court quashes fraud, conspiracy findings in RM52.2mil Johor land dispute
Court of Appeal finds that no binding sale agreement exists and that a businessman had wrongfully lodged a caveat on the land.
The Court of Appeal has overturned the High Court's findings of fraud and conspiracy against businessman J Siva Kumar and two property agents in a dispute over a proposed RM52.2 million purchase of a 22ha plot of land in Plentong, Johor Bahru. The court ruled that the High Court had exceeded its bounds by making such findings without the alleged offenses being properly pleaded.
The court upheld the High Court's determination that no binding sale agreement had been established and that Siva Kumar had improperly filed a private caveat over the land. The court dismissed Siva Kumar and Ammsa Property Sdn Bhd's claim for specific performance of the sale and purchase agreement and ordered them to pay RM14.24 million in damages for improperly lodging the caveat.
The court also found the property agent and lawyer liable for breach of fiduciary duty, fraud and conspiracy, but set aside their findings of fraud and conspiracy. Siva Kumar and Ammsa were ordered to pay RM80,000 in costs for their appeal.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
