KUALA LUMPUR: Two individuals have filed a suit against the late cosmetics millionaire Sosilawati Lawiya's company, Nouvelle Beauty Centre Sdn Bhd, for breach of agreement in the sale and purchase of a property, worth RM3 million, in Kota Damansara, Petaling Jaya.
In the suit filed at the Civil High Court registry last Aug 5, Low Choong Yen, 59, and Lim Bee Geok, 52, named Nouvelle Beauty the defendant.The writ of the sumoons was obtained by the media through a file search at the court registry today.
The writ of summons was filed 25 days before Sosilawati, 47, and three others – her driver, Kamaruddin Shamsudin, 44, CIMB bank officer Noorhisham Mohammad, 38, and lawyer Ahmad Kamil Abdul Karim, 32, were believed killed at Lot 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting.The case came up for case management before High Court deputy registry Hilmiah Yusof today.
Lawyer SH Tang, who represented the plaintiffs, were at the court. However, no lawyer representing Nouvelle Beauty was present.The court fixed Dec 1 to hear the plaintiffs' application for a judgment in default against Nouvelle Beauty because the company failed to file a reply within 14 days of it being served the summons.It will be heard by justice Zabariah Mohd Yusof.
In the writ of summons, Low and Lim claimed that according to an offer letter which had been agreed and signed by Nouvelle Beauty last April 2, the company had agreed to sell a piece of land, covering 144.9 sq metre, together with a four-storey office building built at the site, to them for RM3 million.Low and Lim claimed that they had paid the earnest deposit of RM60,000 when signing the offer letter for the purchase of the property, and the remaining deposit of RM240,000 to be paid at the signing of the sale and purchase agreement.
The balance payment of RM2,700,000 was to be paid within 90 days of the signing of the sale and purchase agreement, they claimed.They claimed that the terms and conditions in the draft of the sale and purchase agreement had been agreed and finalised by both parties on April 22, 2010.
They claimed that a month after the sale and purchase agreemen was signed, Nouvelle Beauty , through a letter dated April 30, 2010, informed that the company had no intention of proceeding with the sale and purchase because it had to wait for six to 12 months to change the ownership transfer of the property to a non-Bumiputera and to receive the full payment for the property.
Low and Lim claimed that they, through a letter dated May 3, informed Nouvelle Beauty that it was bound by the terms and conditions in the sale and purchase agreement which they had both agreed to.They claimed that on May 25, 2010, Nouvelle Beauty returned the sale and purchase agreement, the letter of ownership transfer, application form for permission to change ownership and their cheque, for RM240,000, to them.
However, Nouvelle Beauty failed to return the RM60,000 which they had paid in as earnest deposit, they said.
Low and Lim are seeking a declaration that there was a valid agreement between them and Nouvelle Beauty on the sale and purchase of the said property and for the company to proceed with the transaction, as well as an injunction to stop the company from disposing of the property to others.They are seeking damages for breach of agreement, interests, cost and other relief which the court deems fit.
Source : http://www.freemalaysiatoday.com/fmt-english/news/general/12404-two-individuals-sue-sosilawatis-cosmetics-company
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