A Kanapathy Pillay v Joseph Chong

Facts:
Appellant

who was in
need of money to
prevent foreclosure
action against his land
agreed to sell it to
Respondent.
There was an option
for the Appellant to
repurchase the land at
an enhanced price.

 Option

was not exercised within the time

period.
The land was transferred to the Respondent
who subsequently agreed to sell the land to
the Developer.
Appellant commenced action for recovery of
the land.

Decision
Trial

Court: that the land had in fact been

sold and had not been transferred on trust.
(The claim was dismissed).

Federal

Court: The option to purchase

was only contractual and as the right
was not exercised, the Appellant
could not succeed in his claim. (Salleh Abbas FJ)