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
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]
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]
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
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
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
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[]
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
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
