JCW

Alvin was the counsel for the Third Party, Antara Vista Sdn Bhd. This is a case on application by the Third Party to strike out the 1st Defendant’s claim vide a Third Party Notice against the Third Party. The Court held that there cannot be any misrepresentation when there is no underlying contract between the 1st Defendant and the Third Party for the sale of the land. This is because misrepresentation must be made either by the other contracting parties or by an agent acting within the scope of his authority. The Court also further held that the particulars of misrepresentation ought to be pleaded in detail in the pleadings and any defect on the pleadings cannot be made good by affidavit of evidence. The Third Party’s application to strike out the 1st Defendant third party action was successful because the 1st Defendant has no cause of action against the Third Party. Note : The 1st Defendant appealed to the Court of Appeal, but their appeal was not successful.