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Hwa Che Lin & Anor v. Malim Jaya (Melaka) Sdn Bhd
19 JANUARY 1996 - HIGH COURT MELAKA.
CIVIL SUIT NO 22–49–1988
...As it was in this case, the plaintiffs did not treat the contract as
subsisting entitling him the right to sue for damages in respect of the breach
but to completely repudiate the contract. For some reason or other, the
plaintiffs did not succeed in proving certain relevant claims such as the
differences in expenses for buying a new house. On the other hand, I was
satisfied that the plaintiffs did prove to the satisfaction of the court the
following prayers which had to be refunded by the defendant, viz:
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Liew Jui Hua & Ors V.
Johor Property (M) Sdn Bhd
08 APRIL 1996 - HIGH COURT MALAYA, JOHOR BAHRU
[COMPANIES WINDING-UP NO: 28-126-1995]
COMPANY LAW: Winding-up - Failure of company to deliver vacant
possession - Whether just and equitable to wind-up - Companies Act 1965, s.
218
COMPANY LAW: Winding-up - Notice of petition - Whether notice of
petition was served on the respondent - Whether service of notice of petition
was mandatory - Companies Act 1965, s. 218
COMPANY LAW: Winding-up - Whether petitioner had locus standi to
present winding-up petition - Companies Act 1965, s. 217
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Keng Soon Finance Bhd. v. MK Retnam Holdings
Sdn Bhd; Bhagat Singh Surain Singh & Ors
(Interveners)
03 JUNE 1996 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: F432 OF 1981]
LAND LAW: Caveats - Who may lodge caveat - National Land Code
1965, s. 323(1) .
LAND LAW: Caveats - Whether privity of contract with registered
proprietor necessary to maintain caveat.
LAND LAW: Caveats - Test to be applied in determining whether to
remove or extend caveat.
LAND LAW: Caveats - Whether caveator must have caveatable interest
- Whether pecuniary interest sufficient.
LAND LAW: Caveats - Caveatable interest claimed through contract
for sale - Whether contract must be enforceable.
LAND LAW: Sale of land - Conditional contract - Stipulation in
contract - Legal position of stipulation - Whether condition precedent or an
essential term of contract.
LAND LAW: Restraints on dealings - Caveats - Object of caveats -
Whether failure to pursue claim timeously defeats privilege of having caveat
lodged - Whether Court will assist applicant who delays pursuing claim -
Whether inequitable.
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Insun Development Sdn Bhd v. Azali Bakar
11 MAY 1996 - SUPREME COURT, KUALA LUMPUR
(CIVIL APPEAL NO: 02-348-1994)
CIVIL PROCEDURE:
Action for damages by purchaser for late-delivery of house
by developer - Limitation - When does the purchaser's right to sue for agreed
liquidated damages accrue - Whether purchaser's claim time-barred - Limitation
Act 1953 s. 6(1) .
HOUSING DEVELOPERS: Damages for late-delivery -
Agreement in the statutorily prescribed Schedule E form - When does the
purchaser's right to sue for agreed liquidated damages accrue - Construction
of clause 18 of the standard form agreement.
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Esther Tan Wooi Hong & Ors V. Saujana
Holdings Sdn Bhd & Ors
25 JULY 1996 - HIGH COURT MALAYA, PENANG
[ORIGINATING SUMMONS NO: 24-1134-95]
CIVIL PROCEDURE: Jurisdiction - Inherent jurisdiction of Court -
Purchasers of apartment units unable to trace owner of land on which
apartments were built - Onus on owner to apply for strata titles - Whether
Court can grant property manager leave to apply for strata titles on
purchasers' behalf - Principles applicable - Rules of the High Court 1980, O.
92 r. 4 - Strata Titles Act 1985, ss. 7 & 8
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Gasing Heights Sdn Bhd v. Aloyah Abd Rahman & Ors
02 AUGUST 1996 - HIGH COURT MALAYA, SHAH ALAM
[CIVIL SUIT NO: 22-187-91]
CIVIL PROCEDURE:
Abuse of process - Malicious institution of proceedings - Whether an abuse of
Court's process by way of a distinct tort - Whether tort of maliciously
instituting civil proceedings exists - Whether action for remedies afforded by
the law can amount to an abuse of process - Collateral advantage - Ulterior
purpose
CIVIL PROCEDURE: Abuse of process - Mode of seeking redress - Whether
collateral action proper - Whether must be by way of O 18 r 19(1) of Rules of
the High Court 1980
CIVIL PROCEDURE: Action - Action for declaration that defendants'
originating motion was an abuse of process - Application for injunction to
prevent defendants from continuing with originating motion - Whether
plaintiff's action in itself an abuse of process - Whether plaintiff's
statement of claim disclosed reasonable cause of action - Whether plaintiff's
action premature
CIVIL PROCEDURE: Action - Application by defendants for certiorari,
stay of proceedings, and discovery of documents - Whether application an abuse
of Court's process
TORT: Malicious prosecution - Whether tort of maliciously instituting
civil proceedings exists - Whether an abuse of Court's process by way of a
distinct tort
TORT: Tort of conspiracy - Whether
ingredients of conspiracy must be pleaded with great particularity -
Conspiracy to injure by lawful means - Defendants' originating motion -
Whether filed with predominant purpose of injuring plaintiff - Whether
parallel intention to injure plaintiff sufficient - Whether defendants used
unlawful means
Salmah Sulaiman & Anor. V. Metroplex
Development Sdn Bhd.
10 SEPTEMBER 1996 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEAL NO: W-04-31-94]
CONTRACT: Building contract - Vacant possession, delivery of - Delay - Whether
purchaser entitled to damages for late delivery from developer - Determination
of period of delay
CONTRACT: Building contract - Housing Developers (Control & Licensing) Rules
1970, r 12(1)(1) - Water and electricity, delay in supply of - Whether
developer liable for delays caused by public authorities - Scope of
developer's responsibilities - Whether purchaser entitled to damages for delay
in supply of water and electricity
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Energoprojek (M) Holdings V. Public Prosecutor
24 SEPTEMBER 1996 - HIGH COURT MALAYA, KUALA LUMPUR DATO' K C VOHRAH
J
[CRIMINAL APPEAL NO: 42-5-96]
JUDGMENT :
The appellant is a company where the major shareholders are foreigners. It is
engaged in consultancy and construction works in Malaysia. It is not disputed
that the appellant constructed a building in its land, Lot 789, Jalan Dungun,
Bukit Damansara which consists of 12 units of apartments. It is also not
disputed that the said building was at all material times intended by the
appellant to be used as its staff quarters. It was meant to house its
expatriate staff there; there was no intention for any of the units of
apartments to be sold.
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Emko Properties Sdn Bhd v. Lee Choong Kheng
11 OCTOBER 1996 - HIGH COURT MALAYA, SHAH ALAM
[ORIGINATING SUMMONS NO: 24-540-1990]
Contract:
Sale and purchase of property - Townhouse - Application for a declaration that
the defendant is laible to pay RM60 per month for maintenance upkeep and
repair of communal facilities - Whether the purchaser of a townhouse should
pay the developer a charge for the maintenance upkeep - Proper construction of
the sale & purchase agreement - Principles applicable - Rules of High Court
1980 O. 7 r. 2
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Wangsini Sdn Bhd v. Grand
United Holdings Bhd
21 MARCH 1997 - HIGH COURT MALAYA, KUALA LUMPUR
[COMPANIES WINDING-UP NO: D5-28-40-1996]
Background Facts To The Filing Of The Petition: On 19 January 1990 the petitioner had obtained a final judgment against
Bukit Ritan Realty Sdn. Bhd. (BRR), a wholly owned subsidiary of the
respondent in the sum of RM33,875 together with interest at the rate of 8%
per annum from 15 March 1985 till the date of the notice made pursuant to s.
218 of the Companies Act 1965 (the Act) dated 8 January 1996. The said
notice was for a sum of RM130,740.65.
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Sri Damansara Sdn Bhd v. Lim Ahat Kiat @Lim Pei Tiam
27 MARCH 1997 - HIGH COURT [KUALA LUMPUR]
[RAYUAN SIVIL NO: R3-11-130-94]
Land Law: Sale and purchase
CIVIL PROCEDURE - appeal against late delivery charges
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Bijak Utama Sdn Bhd v. Adwin Sdn Bhd
04 APRIL 1997 - HIGH COURT KUALA LUMPUR
[GUAMAN SIVIL NO: 22-128 TAHUN 1996]
CONTRACT - sale and
purchase - breach of restrictive covenants - application for declaratory
relief and injunction
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Lim Ah Moi v. Ams Periasamy Suppiah Pillay
13 MAY 1997 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEAL NO:
A-2-641-1995]
CONTRACT: Breach - Rescission, right of - Election to rescind
agreement - Whether appellant bound by such election - Whether appellant still
has caveatable interest in the land after rescinding the agreement - Whether
appellant's caveat should remain or be removed
LAND LAW: Sale of land - Caveat - Timeous action - Whether important -
Whether vital that claims made by caveator are enforced by action without
undue delay
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Khoo Ah Imm & Ors v. Datuk Bandar Kuala Lumpur & Ors
28 MAY 1997 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEAL NO: W-02-236-97]
CIVIL PROCEDURE:
Locus standi - Certorari - Whether appellants had locus
standi to receive remedy of certiorari - Whether appellants victims of
procedural unfairness
ADMINISTRATIVE LAW: Remedies - Certiorari - Grant
of - Whether discretionary - Alternative remedy - Whether there existed an
equally efficacious remedy to protect appellants' rights
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Permah @Perumal a/l
Ramasamy V. MBF Property Services Sdn Bhd & Anor
31 JULY 1997 - HIGH COURT KUALA LUMPUR
[GUAMAN NO: S2-24-155-1997]
LAND - sale and purchase - vacant possession -
temporary certificate for occupation - declaratory relief
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Lai Mew Seng V.
Cosmopac Sdn Bhd
10 OCTOBER 1997 - HIGH COURT MALAYA, JOHOR BAHRU
[CIVIL SUIT NO: 22-15-1997]
CONTRACT:
Sale and purchase of property - Booking pro forma -
Whether constitutes a binding contract between developer and purchaser -
Option agreement - Whether a mere formality - Sale and purchase agreement -
Whether a conditional contract - Intention of parties
CONTRACT: Specific performance - Sale and purchase of property -
Conditions precedent to granting of specific performance - Whether plaintiff
ready and willing to perform contract
Ananda Trading (Singapore) Pte Ltd v. Palmerston
Holdings Sdn Bhd
6 NOVEMBER 1996 - HIGH COURT MALAYA, MELAKA
[GUAMAN NO. S2-22-492-1996]
CIVIL PROCEDURE: Costs - Security for costs - Plaintiff a foreign
concern with no assets within jurisdiction - Moneys paid by plaintiff prior to
agreement being rendered null and void more than ample to cover potential
costs - Whether this amounts to assets which could defray any possible debts
CIVIL PROCEDURE: Costs - Security for costs - Plaintiff a foreign
concern - Whether security for costs should be provided as of course - Whether
security for costs ought to be provided in such circumstances
CIVIL PROCEDURE: Costs - Security for costs - Merits of plaintiff's
case - Whether this is a crucial consideration in determining if security for
costs ought to be provided
