Faber Union Sdn Bhd v. Yong Ah Nga & Anor
18 FEBRUARY 1998 - HIGH COURT [KUALA LUMPUR]
[GUAMAN NO. S2-22-492-1996]
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.
Sor Kok Wah & 4 Ors v Draland Sdn Bhd
16 March 1998 - HIGH COURT, MELAKA
(Originating Summons NO 24-134-1997)
LAND LAW:
Strata title - Application for title - Whether s. 6 or s. 7(2) of Strata
Titles Act 1985 applicable to land held under qualified title - Whether
application for strata titles after completion of building contrary to s.
10A(1) of the Act
LAND LAW: Strata title - Maintenance charges - Whether purchasers
may claim damages for failure to apply for strata titles
LAND LAW: Strata title - Sale and purchase agreement - Term allowing
developer to apply for strata title after completion of building - Whether
contravenes s. 8 of Strata Titles Act 1985 - Whether an attempt to contract
out a statutory provision
Lim Yoh v. Astana Strategi (M) Sdn Bhd & Anor
27 MARCH 1998 - HIGH COURT MALAYA, MELAKA
[CIVIL SUIT NO: 22-28-96]
CONTRACT: Time - Time of the essence
- Sale and purchase agreement - Completion date fell on Sunday followed
by public holiday - Balance of purchase price - Defendant unable to pay
as office of plaintiff's solicitors was closed - Whether days in question
should be excluded in computing date of completion of agreement
CONTRACT: Time - Time of the essence - Contracts Act 1950, ss. 51
, 56 - Whether plaintiff had usual hours of business - Section 48 of Act
- Whether plaintiff needed cooperation of another to perform promise - Whether
plaintiff must perform promise on agreed day - Section 38(1) of Act - Plaintiff's
solicitors, appointed agent of plaintiff - Whether should have made themselves
available on agreed day to receive balance of purchase price - Whether plaintiff
was in default of completing agreement - Whether time was no longer of the
essence - Whether notice of termination of agreement by plaintiff was valid
EQUITY: Contract, for sale of land - Time of the essence - Plaintiff's
solicitors refrained replying 2nd defendant's letter in time - Whether this
showed unwillingness on the part of the plaintiff's solicitors to complete
agreement - Whether this warranted intervention by the court
I & P Inderawasih Sdn Bhd lwn Binariang Communications Sdn
Bhd
16 SEPTEMBER 1998 - MAHKAMAH TINGGI (PULAU PINANG)
GUAMAN SIVIL.NO
22 171 TAHUN 1998
Undang-Undang
Tanah - Hakmilik strata - 'Common property' -
Sama ada 'common property' masih lagi di dalam milikan pemilik tanah sebelum
hakmilik strata dikeluarkan - Akta Hakmilik Strata 1985 ss4, 8, 10(1) &
39(3)
Abdul Razak Datuk Abu Samah v. Shah Alam Properties Sdn Bhd
& Anor.
05 APRIL 1999 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEALS NOS: W-03-41-98 & W-03-43-98]
CONTRACT: Damages - Assessment - Contract
set aside - Measure of damages - Whether on footing of breach of contract
- Whether on basis of rescission of contract - Whether s. 74 of Contracts
Act 1950 applicable - Expenditure reasonably incurred in consequence of
fraudulent misrepresentation
CONTRACT: Misrepresentation - Fraudulent misrepresentation - Voidability
- Rescission - Damages - Assessment - Placing innocent party in the position
as though there was no reliance on fraudulent misrepresentation
CONTRACT: Breach - Condition - Repudiation - Obligations de futuro
- Damages - Whether innocent party can have contract set aside - Distinction
between rescission ab initio and repudiation - Whether repudiatory breach
brings about rescission ab initio
Pak Ki Yau & Anor v. Kumpulan Promista Sdn Bhd
15 MAY 1999 - HIGH COURT MALAYA, IPOH
[CIVIL APPEAL NO: 11-18-98]
BANKING:
Securities for advances - Assignment - No issue of document of title - Whether
assignment absolute or conditional - Other clauses in the instrument - Whether
transfers all rights, title and interest - Civil Law Act 1956, s. 4(3)
Lee Poh Choo (F) V. SEA Housing Corporation SB
31 MAY 1999 - HIGH COURT [KUALA LUMPUR]
SUIT NO F116 OF 1982
The Plaintiff's claim is for liquidated damages for late delivery for
the period of 16 June 1977 to 10 June 1982 (1852 days) at the statutory
rate of 8% per annum. Thereafter at RM38.36 per day until delivery of vacant
possession.
Lebbey Sdn Bhd v. Tan Keng Hong & Anor
07 OCTOBER 1999 - HIGH COURT OF MALAYA
[CIVIL APPEAL NO: R2-12-203-99]
CONTRACT:
Damages - Liquidated damages - Incorporated as term of agreement - Whether
must prove loss - Contracts Act 1950, s. 75
