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Travelsight
(M) Sdn Bhd & Anor V. Atlas Corporation Sdn Bhd
02 JANUARY 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S6-24-4147-01]
CONTRACT: Rescission - Misrepresentation - Material representations pertaining to size
of property and issue of approval of building plans - Plaintiff not employing
own experts to ascertain truth of representations before executing agreement -
Effect of - Whether misdescriptions substantial - Whether plaintiff entitled
to rescind agreement
CONTRACT: Rescission - Building contract - Section
40, Contracts Act 1950- Obligation of restitution on part of party rescinding
contract - Whether defendant estopped from reneging from its own
agreement
OOI CHIN NEE V.
CITIBANK BHD
8 JANUARY 2003 - HIGH COURT MALAYA, PENANG
[CIVIL SUIT NO: 22-435-2002]
Facts:
By a sale and purchase agreement dated 10 August 2000, the plaintiff purchased
a parcel known as A-19-B Taman Impian, Leader Garden, Pulau Pinang, situated
on Lot No. 4200, Daerah Timur Laut, Tanjong Bungah, Pulau Pinang (together
known as the said parcel) from Leader Garden Sdn. Bhd., the developer, at a
purchase price of RM410,000. To effect the said sale the plaintiff obtained a
loan of RM348,500 by way of a facility agreement dated 5 September 2000 from
the defendant. Pursuant to a deed of assignment dated 5 September 2000, the
plaintiff surrendered all his rights over the said property and the said land
to the defendant. As the plaintiff needed a further loan of RM78,000 the
defendant referred the plaintiff to a registered valuer who gave a written
market value of the freehold interest in the said parcel at RM650,000.
PYWATECH (M) SDN
BHD V. VISTA-PRISMA SDN BHD
14 FEBRUARY 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S5-24-2345-2002]
By way of an originating summons in encl. (1) the plaintiff sought for the
following prayers:
(1) for a declaration that the defendant has breached the sale and purchase
agreement dated 8 September 1997 (hereinafter referred to as the "said
agreement") and that the plaintiff has rightfully rescinded the said agreement
on 19 April 2002 by way of a letter from the plaintiff's solicitor or at any
date which this Honourable Court thinks fit and proper or, by way of an
alternative, a declaration that the said agreement has been terminated by
virtue of a breach of the said agreement by the defendant;
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PLAZA PEKELILING MANAGEMENT CORPORATION V. IGB CORPORATION BERHAD & ANOR
20 FEBRUARY 2003 - HIGH COURT [KUALA LUMPUR]
ORIGINATING SUMMONS NO: S3-24-1791-2001
Introduction
The parties were magnanimous. They mutually agreed that the sole issue for
consideration by me would be whether the present originating summons in
enclosure one (1) filed by the plaintiff herein is caught by the doctrine of res judicata and thus an abuse of the process of the court in view of the fact
that the same plaintiff had previously filed another originating summons
against the same defendants in another High Court in Kuala Lumpur vide
originating summons no: S6-24-640-2000 (hereinafter referred to as the "first
OS"). It would certainly make for logical thinking that the present
originating summons should be distinguished from the first OS which was heard
by my brother judge Azmel Maamor J., vide (2001) MLJU 28. His Lordship's
judgment too was referred to by counsel on both sides in the course of the
long and protracted submissions.
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Wong
Thean Chye & Anor V. Junimas Sdn Bhd & Other cases
25 FEBRUARY 2003 - HIGH COURT MALAYA, PULAU PINANG
[SUIT NOS: 22-243-1997, 22-419-1997 & 22-203-1998]
CONTRACT: Assignment - Sale and purchase of
dwelling units - Assignment by purchasers in favour of bank in return for
housing loan - Whether assignment absolute - Whether conditional - Whether
only an "equitable chose in action" - Delay in completion - Whether
purchasers had locus to sue - Civil Law Act 1956, s. 4(3)- Rules of the High
Court 1980, O. 33 r. 2
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Kong Peng Pew & Ors v. Meru Valley Resort Bhd
20 MAY 2003 - HIGH COURT MALAYA, IPOH
[CIVIL SUIT NO: 22-192-2001]
CIVIL
PROCEDURE:
Injunction- Interlocutory mandatory injunction - Whether
grant of interlocutory mandatory injunction ought to be for unusually sharp
and clear cases - Cutting off of water supply - Whether act complained of was
unlawful and should be restrained
CIVIL PROCEDURE: Injunction - Order of
injunction - Application for - Cutting off of water supply - Whether act
complained of was unlawful and should be restrained
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Baxco United Corporation Bhd
v. Atlas Corporation Sdn Bhd
23 JUNE 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S1-24-499-2002]
LAND LAW:
Housing developers - Sale and purchase of property - Guaranteed rental return
scheme (GRRS) - Supplemental agreement between parties - Declaration for
specific performance - Whether an abuse of the process of the court -
Plaintiff's delay in exercising GRRS - Whether rendered null and void -
Doctrines of waiver and estoppel - Whether should be invoked against defendant
- Whether defendant entitled to set off service charges from payments due to
plaintiff
CONTRACT: Sale and purchase of property - Guaranteed rental return
scheme (GRRS) - Supplemental agreement between parties - Declaration for
specific performance - Whether an abuse of the process of court - Plaintiff's
delay in exercising GRRS - Whether rendered null and void - Doctrines of
waiver and estoppel - Whether should be invoked against defendant - Whether
defendant entitled to set off service charges from payments due to plaintiff
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Hariram Jayaram & Ors v. Sentul Raya Sdn Bhd
05 AUGUST 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S5-24-1213-2002]
CIVIL PROCEDURE: Stay
of execution - Application for stay pending appeal - Principles applicable -
Whether there were special circumstances
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Puncakdana Sdn Bhd v. Tribunal Tuntutan Pembeli Rumah & Ors.
04 SEPTEMBER 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[NO: R1-25-53-2003]
ADMINISTRATIVE
LAW: Remedies - Certiorari - Application to quash awards of Tribunal for
Homebuyers Claims - Sale and purchase agreements entered into before
amendments establishing Tribunal came into force - Whether Tribunal had
jurisdiction to hear and adjudicate upon such cases - Whether substantive
rights of applicants affected - Housing Developers (Control and Licensing)
(Amendment) Act 2002, ss. 16AD, 16N(2)
LAND LAW: Housing developers - Sale and purchase agreement - Sale and
purchase agreements entered into before amendments establishing Tribunal for
Homebuyers Claims came into force - Whether Tribunal had jurisdiction to hear
and adjudicate upon such cases - Whether substantive rights of applicants
affected - Housing Developers (Control and Licensing) (Amendment) Act 2002, ss.
16AD, 16N(2)
STATUTORY INTERPRETATION: Retrospective operation - Not justifiable in
absence of clear intention - Whether Parliament intended Part VI of Housing
Developers (Control and Licensing) (Amendment) Act 2002 to operate
retrospectively - Housing Developers (Control and Licensing) (Amendment) Act
2002, ss. 16AD, 16N(2)
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Leong Lai Kuen v. Sentul Murni Sdn Bhd
30 SEPTEMBER 2003 - HIGH COURT OF MALAYA
[SUMMONS WRIT NO: 22-1008-2002]
CONTRACT: Sale
and purchase of property - Breach - Non-delivery of vacant possession - Claim
for liquidated damages - Whether claim should be based on formulated sum
stipulated in sale and purchase agreement - Whether claim should be a
reasonable sum subject to s. 75 Contracts Act 1950
LAND LAW: Housing developers - Non-delivery of
vacant possession - Purchaser's entitlement to compensation - Whether
compensation should be based on formulated sum stipulated in sale and purchase
agreement - Whether compensation should be a reasonable sum subject to s. 75
Contracts Act 1950
MAJLIS PERBANDARAN
KLANG V. ZAKIYAH SAMAD
11 NOVEMBER 2003 - 4 MARCH 2004 - FEDERAL COURT, KUALA LUMPUR
[CIVIL APPEAL NO: 01-15-2002(B)]
LOCAL GOVERNMENT: Rates - Rate of assessment -
Whether rates imposed by local authority can be objected to under s. 142(1)
Local Government Act 1976 - Whether matter appealable to High Court under s.
145 Local Government Act 1976 - Distinction between capitalisation rate and
rate of assessment
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Cheong Soo Leng
& ors v
H'ng Ah Ba
22 December 2003 - IN THE COURT OF APPEAL OF MALAYSIA
[CIVIL APPEAL NO: P-02-532-1997]
LAND LAW: Housing
developers - Sale and purchase agreement - Land not transferred and house not
completed and delivered within time period agreed - Whether plaintiff
purchaser entitled to specific performance and damages for late delivery -
Whether defendants were developers within Housing Developers (Control and
Licensing) Act 1966 - Whether plaintiff entitled to set off payment of
purchase price with damages for late delivery
CONTRACT: Breach - Sale and purchase agreement
- Land not transferred and house not completed and delivered within time
period agreed - Whether plaintiff purchaser entitled to specific performance
and damages for late delivery - Whether defendants were developers within
Housing Developers (Control and Licensing ) Act 1966 - Whether plaintiff
entitled to set off payment of purchase price with damages for late delivery
