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ARTICLE · 06 JUNE 2023

Case Update: No Party Ought To Be Allowed To Stake A Case Or Defence Based On Its Own Default

Facts Teoh Kok Seong (the ‘Appellant') had purchased a double-storey house from the Heesland Sdn Bhd (the ‘1st Respondent').

MalaysiaLitigation, Mediation & Arbitration
Zul Rafique & Partners
Zul Rafique & Partners

PROPERTY LAW

Late Payment Interest – Delay – Financier's Loan – Tribunal Tuntutan Pembeli Rumah

Teoh Kok Seng v Heesland Sdn Bhd & Anor

Civil Appeal No. P-01(A)-44-01/2022 | Court of Appeal

- see the grounds of judgment here

Facts Teoh Kok Seong (the 'Appellant') had purchased a double-storey house from the Heesland Sdn Bhd (the '1st Respondent'). The firm of solicitors who were appointed and retained by the 1st Respondent to undertake the sale and purchase and loan application for the purchase is one Messrs Ong and Partners ("Lawyers for the 1st Respondent"). The Appellant had expeditiously signed the Sale and Purchase Agreement on 14.4.2017 (the 'SPA') which was only later dated and stamped on 2.5.2017. By this juncture, the procession of the loan documentation and disbursement of the loan sum is by and large out of the Appellant's hands and control. The Appellant obtained a loan facility from RHB Bank (the 'Financier') to partly finance

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