Azali B Bakar v. Insun
Development Sdn Bhd
07 MAY 1994 - HIGH COURT JOHOR BAHRU
[ORIGINATING SUMMONS NO. 24-541 OF 1993]
In this originating
summons ('OS') the plaintiff claims an order for:
(1) A declaration that on the true construction of the agreement of sale and
purchase dated 12 December 1984, the defendant is bound to pay liquidated
damages to the plaintiff calculated at the rate of 10% per annum on a daily
basis on the purchase price of RM49,725 from 12 December 1986, to date of
delivery of possession to the plaintiff of the house to be erected on Lot
26298 Mukim of Tebrau, State of Johor.
Lim Hui Kok & Ors
v. Antara Realty Sdn Bhd & Anor
03 JULY 1994 - HIGH COURT MALAYA, ALOR SETAR
[CIVIL SUIT NO. 25-38-1986]
PRACTICE & PROCEDURE: Order 15 r.
12 RHC - Application for proceedings to be continued by representative action
- Whether prerequisites satisfied.This is an application by the plaintiffs
for an order that this proceeding be continued by way of representative action
pursuant to O. 15 r. 12 of the Rules of the High Court. Originally, the 86
plaintiffs filed the writ on 30 January 1986 and the statement of claim was
filed on 2 December 1986. The plaintiffs, in their statement of claim, claimed
that they are the purchasers of houses in a housing scheme; that the defendants
were housing developers licensed under the Housing Developers (Control and
Licensing) Act 1966, and were the developers of the housing scheme in question;
that the plaintiffs had severally entered into sale and purchase agreements
with the defendants in respect of the houses purchased and that the defendants
had collected money from the plaintiffs. It is alleged that the defendants
had breached the sale and purchase agreements by failing to complete the construction
of the houses that the plaintiffs had bought.
Hoya Holding Sdn Bhd v.
Chia Thin Hing & Anor
20 AUGUST 1994 - HIGH COURT MALAYA, TAIPING
[CIVIL APPEAL NO. 11-1-94 (T)]
CONTRACT:
Housing development - Sale and purchase agreement of dwelling house - Terms
of agreement - Delivery of vacant possession of house to purchaser "with the
connection of water and electricity supply to the said building" - Whether
water and electricity must be installed and energized before vacant possession
handed over to purchaser.
Lam Gow & Anor V. Maju-Tekno
Sdn Bhd & Anor
12 AUGUST 1994 - HIGH COURT MALAYA, SHAH ALAM
[ORIGINATING SUMMONS NO. 24-668-93]
CONTRACT:
Sale and purchase of land - Misdescription - Size
of land smaller by 25.19 % - Whether a material misdescription - Whether there
was a substantial failure of performance - Whether there was acceptance by
conduct of the reduction in the size of the land - Rescission - Whether contract
could be avoided - Contracts Act 1950 s. 76 .
Faber Union
Sdn Bhd v. Chew Nyat Shong & Anor
06 JANUARY 1995 - SUPREME COURT, KUALA LUMPUR
[CIVIL APPEAL NO. 04-15-1993]
LAND LAW: Vacant possession of building - Date for delivery
of vacant possession - Whether time started to run from the date the deposit
was paid or from the date the sale and purchase agreement was signed.
Amin Norbidin
Bin Said & 244 Ors v. Tanah Aman Sdn Bhd.
20 JANUARY 1995 - HIGH COURT MALAYA, TAIPING (KUALA KANGSAR)
[CIVIL SUIT NO. 22-4-92]
INJUNCTION:
Ex-parte injunction - Grant of - Propriety - Whether proceedings ought to
be inter-partes - Principles applicable - Plaintiffs admitted having limited
financial resources - Whether injunction in plaintiffs' favour could be ordered
- Consideration of American Cynamaid principles.The defendant, a housing developer
and licensed under the Housing Developers (Control and Licensing) Act, 1966
(Revised 1973) (Act 118) ("Act") , developed single storey low cost terrace
houses in a housing scheme known as Taman Damai located at Jalan Kuala Kangsar,
Simpang, Taiping, Perak. The defendant sold these houses at Taman Damai to
the plaintiffs at varying dates between 1985 and 1986 through the standard
sale and purchase agreements as set out in schedule E of the Housing Developers
(Control and Licensing) Regulations, 1982(Exhibit 'A' in encl. 1B) ("standard
S & P").
Xavier Kang Yoon Mook
v. Insun Development Sdn Bhd.
25 JANUARY 1995 - HIGH COURT MALAYA, JOHOR BAHRU
[ORIGINATING SUMMONS NO. 24-516 OF 1994]
CONTRACT: Sale of house - Time essence
of the agreement - Breach - Options available to the innocent party - What
damages plaintiff is entitled to.
Teh Khem On & Anor. v. Yeoh & Wu
Development Sdn. Bhd. & Ors
15 APRIL 1995 - HIGH COURT MALAYA, IPOH
[SUIT NO: 1759 OF 1985]
It is rather remarkable that while the purchase price of the house in this
action is a mere RM78,5000, the parties to this action have involved not only
a housing developer-cum-vendor, but also a firm of architects, a firm of engineers
and the local authority of the area in which the house in question is situated.
What is really amazing is that the legal position on which this action must
have depended when it was filed, literally has gone through nothing short
of a revolution by the time the hearing of this very long case was concluded
on 14 January 1995. First, the evidence of the case need be set out and I
will try to make short work of it without losing sight of the salient points,
however.
The plaintiffs above entered on 29 November 1983 into a sale and purchase
agreement (P1) with the first defendant, a builder-cum-vendor when buying
a double-storey link house amongst a row of similar houses for the sum of
RM78,500 (the plaintiffs are hereafter called 'the purchasers' and the first
defendant, "the vendor/builder'). Clauses of the agreement which are relevant
to this judgment are set out below:
