ENG MEE
YONG & ORS V. LETCHUMANAN
04 APRIL 1979 - PRIVY COUNCIL [HONG KONG]
[APPEAL NO. 25 OF
1977]
Appeal allowed:
This was an application for an order that a private caveat entered by the
respondent against land belonging to the applicants under Grant No. 2457 Lot
593 in the Mukim of Ampangan be forthwith removed on the ground that the
respondent had no interest in the land after he had failed to complete the
purchase of the said land under an agreement for sale dated 28 June 1974. The
applicants also claimed damages for loss suffered by them as a result of the
wrongful lodgment of the caveat and the failure on the part of the respondent
to withdraw it after 28 September 1974 which was the date for the completion
of the sale of the land.
S.E.A. Housing Corp Sdn Bhd v.
Lee Poh Choo
19 MARCH 1982 - FEDERAL COURT, KUALA LUMPUR
[CIVIL APPEAL NO. 67 OF 1981]
Appeal dismissed; Cross-appeal dismissed.
The plaintiff (respondent before us) wanted to buy a shophouse on lot 25602
1,680 sq. ft. in area in phase 5 in SEA Park, Petaling Jaya, from the
defendant who is a licensed developer (appellant before us). It is common
ground that the transaction between the two is governed by the Housing
Developers (Control) and Licensing) Act 1966 ("the Act") and the Housing
Developers (Control and Licensing) Rules 1970("the rules") published as P.U.(A)
268/70.
LOH WAI LIAN V. S.E.A. HOUSING CORP.
SDN. BHD.
29 SEPTEMBER 1983 - HIGH COURT MALAYA, KUALA LUMPUR MOHAMED
DZAIDDIN J
[CIVIL SUIT NO. F 210 OF 1982]
This is an appeal by the defendant against the decision of the Registrar in
giving leave to the plaintiff to enter final judgment under O. 14 of the Rules
of the High Court for liquidated damages for a breach of contract.
LEE WAH BANK LTD. V. CHI LIUNG HOLDINGS
SDN. BHD.
13 OCTOBER 1983 - HIGH COURT MALAYA, KUALA LUMPUR VOHRAH J
[ORIGINATING SUMMONS NO. F 836 OF 1982]
This is an application by way of an originating summons (see enclosure 2)
under O. 5 r. 4(2) of the Rules of the High Court 1980 for a declaration of
the rights of two parties under the terms of a written contract. The only
affidavits which I have been asked to consider are Enclosures 1, 4, 18 and 20
and the exhibits I have had to refer to are those exhibited to enclosure 1.
NOUVAU MONT
DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.
26 MAY 1984 - FEDERAL COURT, JOHOR BAHRU
[CIVIL APPEAL NO.
177 OF 1983]
The only question to be decided in this appeal involves the
interpretation of an assignment made on 18 February 1978 between the
appellant, as assignor of the one part and the Public Bank, as assignee of the
other part.
The relevant facts do not appear to be in dispute and may be briefly stated.
On 1 April 1977 the appellant, as purchaser entered into a sale agreement with
the developer, Tan Kim Chua Realty (M) Sdn. Bhd. whereby the latter sold one
shop/office unit described as Lot 222 in a multi-storey shopping and office
complex now known as Merlin Tower to be erected on land held under Grant 5531
Lot 730 in the township of Johore Bahru to the appellant for the sum of
RM184,320 (hereinafter referred to as the said property). Subsequently an
arrangement was arrived at whereby the Public Bank would grant to the
appellant a fixed loan of RM92,160 to enable the appellant to pay to the
developer the balance of the purchase price. This arrangement was carried
through by means of two documents dated 18 February 1978. The first was a loan
document and the second was an assignment, which is the subject of the appeal.
Not only the developer had express notice it had in fact expressly consented
to the assignment.
LEE WAH BANK LTD. V. CHI LIUNG HOLDINGS
SDN. BHD.
16 JUNE 1984 - FEDERAL COURT, KUALA LUMPUR
ABDUL HAMID OMAR CJ (MALAYA), MOHD. AZMI FJ, SYED AGIL BARAKBAH FJ
[CIVIL APPEAL NO. 291 OF 1983]
The main issue in this appeal is whether the appellants are entitled to the
exterior wall of a parcel of business premises within Chi Liung Plaza which
they purchased from the respondents by agreement dated 17 November 1980 at the
price of RM1.5 million. By the said agreement the respondents agreed
Loh Wai
Lian v. SEA Housing Corporation Sdn Bhd
28 JUNE 1984 - Federal Court of Malaya
[CIVIL APPEAL NO. 266 OF 1983]
CONTRACT: Accrual of cause of action - Relevant date - Breach of contract
- Whether on failure to deliver on contractual date or on actual completion of
contract or on demand and refusal - Relevance of Clause 17 - Provision for
liquidated damages - Whether in breach of r. 12(1)(r), Housing Developers
(Control and Licensing) Rules - Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred.
City
Investment Sdn Bhd. V. Koperasi Serbaguna Cuepacs Tanggungan Bhd
17 DECEMBER 1984 - FEDERAL COURT, KUALA LUMPUR
[CIVIL APPEAL NO. 30 OF 1984]
This is a claim by respondents/purchasers for specific performance of
immovable property and also for damages and other ancillary reliefs for
breach of contract.
Faber Merlin (M) Sdn
Bhd & Ors V. Lye Thai Sang & Anor.
Tan Kim Chua Realty (M) Sdn Bhd V. Lye Thai Sang & Anor.
11 MARCH 1985 - 18 MAY 1985 -
FEDERAL COURT [JOHORE BAHRU]
CIVIL APPEALS NOS 79 AND 90 OF 1984
The two appeals, FCCA 79/84 and FCCA 90/84 were heard together. The appellants
in FCCA 79/84 being defendants Nos. 2, 3 & 4 and the appellant in FCCA 90/84
defendant No. 1 in the court below.
Beca (M) Sdn Bhd v. Tang
Choong Kuan & Anor.
30 SEPTEMBER 1985 - SUPREME COURT, KOTA KINABALU
[FC CIVIL APPEAL NO. 280 OF 1984]
CONTRACT:
Housing developers - Sale and purchase of flats - Deposit or "booking fee" -
Rule 10(2) of Housing (Control and Licensing of Developers) Rules 1980 -
Provisional agreement - Licence - Validity - Void - Section 66 of Contracts
Act 1950 - Sections 5, 20 of Housing (Control and Licensing of Developers)
Enactment 1978.
Lee Wai Kin V.
Yulek Sdn Bhd.
12 FEBRUARY 1986 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO. F 1013 OF 1985]
LAND LAW:
Section 8(1) of Strata Titles Act 1985 - Who should apply for strata title -
Prescribed fee under section 10 - When can collect payment from registered
proprietor-
Terms of the agreement - Construction of.
Lee Wah Bank Ltd v. Chi Liung Holdings Sdn Bhd
09 MAY 1986
- HIGH
COURT OF MALAYA
ORIGINATING SUMMONS NO F1871 OF 1985
CONTRACT: Sale
and purchase agreement of business premises - Whether sale inclusive of
exterior wall - Installation of ATM through exterior wall - Whether consent of
vendor necessary - Whether installation within meaning of "alteration" and
"improvement" - Proprietorship of exterior wall - Whether with purchaser -
Installation of signboards and logo - Whether purchaser entitled to install
without consent of vendor - Meaning of "competent authorities".
Loh Wai Lian v. SEA
Housing Corporation Sdn Bhd
03 MARCH 1987
- THE
PRIVY COUNCIL
APPEAL NO 39 OF 1985
CONTRACT: Accrual of cause
of action - Relevant date - Breach of contract - Whether on failure to deliver
on contractual date or on actual completion of contract or on demand and
refusal - Relevance of Clause 17 - Provision for liquidated damages - Whether
in breach of r. 12(1)(r), Housing Developers (Control and Licensing) Rules -
Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred.
CONTRACT: Accrual of cause of action - Relevant date - Breach of
contract - Whether on failure to deliver on contractual date or on actual
completion of contract or on demand and refusal - Relevance of Clause 17 -
Provision for liquidated damages - Whether in breach of r. 12(1)(r), Housing
Developers (Control and Licensing) Rules - Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred
Yeo Brothers Co (PTE) Ltd. V.
Atlas Properties (PTE) Ltd
23 SEPTEMBER 1987 - HIGH COURT [SINGAPORE]
ORIGINATING SUMMONS NO 1178 OF 1985
In 1982 the defendants, who were duly licensed housing developers under
the Housing Developers (Control and Licensing) Act (Cap. 130, 1985 Ed.)
(hereinafter referred to as "the Act"), were developing for sale a residential
condominium comprising two blocks of nine-storey apartments, three blocks of
four-storey apartments and two blocks of four-storey maisonnettes with certain
communal facilities. The condominium estate was and is known as the "Goodluck
Garden". Titles to the individual residential units and the common property of
the condominium were as in the ordinary way to be issued under the Land Titles
(Strata) Act (Cap. 158, 1985 Ed.). By an agreement of sale and purchase dated
September 21, 1982, which was in the statutorily prescribed form, the
plaintiffs agreed to purchase a flat on the sixth storey "estimated to contain
a floor area of 177.07 square metres (1,906 square feet)". On March 13, 1986,
the Chief Surveyor approved the final survey plans of the condominium and the
area of the flat was duly determined to be 158 square metres. There was
therefore a shortfall in area of 19.07 square metres and the deficiency was
10.77%.
