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MBf Property Services Sdn Bhd & Anor v. Balasubramaniam a/l K Arumugam
25 January
2000 - Court of Appeal
Civil Appeal No W-02-714-97
CONTRACT:
Construction of terms - Sale and purchase Agreement - Loan Agreement -
Contemporaneous Agreement absolving respondent from paying interest on loan
until Certificate of Fitness issued - Whether agreements to be read as a whole
- Proper effect
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MAJOR INDAH SDN
BHD V. HOMENG REALTY SDN BHD
( 19 FEBRUARY 2000 ) HIGH COURT [KUALA LUMPUR]
[GUAMAN SIVIL NO: D1 - 22 - 2415 TAHUN 1999]
CONTRACT - Joint Venture Agreement - breach
CIVIL PROCEDURE: Application for interlocutory injunction [Application
allowed with costs in the cause]
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Bank Utama (Malaysia) Bhd & Anor. V. Kabuli Sdn Bhd
17 MARCH 2000 - HIGH COURT KUCHING
[ORIGINATING SUMMONS NO. 24-233-98-II]
CONTRACT - breach - abandoned project
CIVIL PROCEDURE - application for appointment of Receivers and
Managers[Application allowed with costs]
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Kwan Kwok Kwong & Anor v. Trenolo Resources Sdn Bhd
29 JUNE 2000 - HIGH COURT MALAYA, MUAR
[ORIGINATING MOTION NO: 24(L) 709-1999]
LAND LAW:
Housing developers - Sale and purchase agreement - Land
subject to encumbrance - Whether land "discharged" from encumbrance upon
payment of full purchase price
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Ho Siew Choong v. On-Kward Realty Sdn Bhd & Anor
29 JUNE 2000 - HIGH COURT MALAYA, KUALA LUMPUR
[CIVIL NO: S2-22-39-98]
TORT: Nuisance - Defendant
cutting off water supply - Whether constituted nuisance
TORT: Nuisance - Defendant cutting off water
supply - Nature of damages to be awarded
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Lew Yoke Leng & Ors
v. Sykt Kar King Sdn Bhd
07 AUGUST 2000 - HIGH COURT MALAYA, IPOH
[CIVIL APPEAL NO: 11-72-1999]
CONTRACT:
Building contract - Delivery of vacant possession - Water
and electricity, whether must be connected to house - Whether connection of
electricity to substation sufficient - Electricity not connected to house
within contractual period - Whether developer liable to pay liquidated damages
- Certificate of fitness of occupation not obtained within contractual period
- Whether a valid excuse for not connecting electricity to house
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Kausar Corporation Sdn Bhd v. Teh Yew Choong
03 AUGUST 2000 - HIGH COURT KUALA LUMPUR
RAYUAN SIVIL NO. R2-12-28-2000
CIVIL PROCEDURE - limitation period for application
to set aside the Judgment in Default - Limitation Act 1953[]
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Steven Phoa Cheng
Loon & Ors v. Highland Properties Sdn Bhd & Ors
11 AUGUST 2000 - HIGH COURT MALAYA, KUALA LUMPUR
[CIVIL SUIT NO: S5-21-174-1996]
CIVIL PROCEDURE:
Action - Party - Locus Standi - Rights in property assigned to another -
Whether assignment absolute - Whether has right to sue in own name
CIVIL PROCEDURE: Action - Party - Wrong party cited - Failure to name
particular officer alleged to have committed the wrong - Whether action should
fail - Whether provision of legislation not complied with - Government
Proceedings Act 1956, ss. 5, 6(1),(4), 18 - National Land Code 1965, ss.
16(2), 49 - Water Act 1920, s. 3
TORT: Negligence - Professional Negligence - Architect - Not qualified -
Standard of reasonable competent architect
TORT: Negligence - Professional Negligence - Engineer - Standard of care
TORT: Negligence - Duty of care - Developer - Appointment of consultant - Duty
to ensure consultant competent
TORT: Negligence - Independent contractor - Whether employer not liable for
independent contractor's act - Whether works extra hazardous in nature - When
exception to general rule applies
TORT: Nuisance - Right to sue - Whether has to be registered owner
TORT: Damages - Negligence - Pure economic loss - Whether claimable
LOCAL GOVERNMENT: Negligence - Acts found to be negligent - Whether acts or
omission fall within s. 95(2) Street, Drainage and Building Act 1974 - Whether
immunity applies
EVIDENCE: Documentary evidence - Public documents - Person involved in forming
the finding not called to testify - Basis to be considered - Evidence Act
1950, s.74
LIMITATION: Commencement of action - Filing of writ within period - Whether
statute barred - Damages still continuing - Time has not started to run -
Public Authorities Protection Act 1948, s. 2
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Max-Benefit Sdn Bhd v Phuah Thean An & Anor
16 OCTOBER 2000 - HIGH COURT KUALA LUMPUR
Civil Appeal No W-02-714-97
Civil Law Act
- Assignment - Absolute assignment - Whether there was absolute assignment - Whether plaintiffs entitled to sue in own names - Civil Law Act 1956s 4(3)
Land Law
- Housing developers - Damages for late delivery - Delay in completion - Whether plaintiff could bring action for late delivery damages - Housing Developers (Control and Licensing) Regulations 1989 Schedule G
