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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.
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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.
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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.
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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 .
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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").
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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:
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