COURT CASES (PAGE 1-A)

COURT DECISIONS

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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

Abdul Aziz Abdul Hamid & Yang Lain Lwn. Perak Roadways Bhd 30 OKTOBER 2006 - MAHKAMAH TINGGI MALAYA, IPOH [GUAMAN SIVIL NO. 22-162-2002]

Abric Project Management Sdn Bhd v. Palmshine Plaza Sdn Bhd & Anor30 NOVEMBER 2006 - HIGH COURT MALAYA, KUALA LUMPUR [COMPANIES (WINDING-UP) NO: D5-28-311-1999]

Adorna Properties Sdn Bhd v. Kobchai Sosothikul 27 AUGUST 2004 - FEDERAL COURT, PUTRAJAYA [CIVIL APPEAL NO: 02-14-1997 (P)]

Civil Procedure: Jurisdiction - Federal Court - Inherent powers of court - Application under r. 138 Federal Court Rules 1995 - Order praying for judgment to be set aside in the interest of justice - Judgment resulted in rightful owner losing lands due to forged documents under proviso to s. 340 (3) National Land Code - Whether grave injsutice occasioned -

Amin Norbidin Bin Said & 244 Ors v. Tanah Aman Sdn Bhd. 20 JANUARY 1995 - HIGH COURT MALAYA, TAIPING (KUALA KANGSAR) [CIVIL SUIT NO. 22-4-92]

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

Ang Kee Sim v. Kembang Jaya Development Sdn Bhd 27 JUNE 2001 - HIGH COURT MALAYA, PENANG [CIVIL SUIT NO: 22-457-2000 (MT 4)]

CONTRACT: Specific performance - Sale and purchase agreement - Whether effective and applicable - Section 75 of the Contracts Act 1950 - Whether applicable - Application for extension of time - Whether made in time - Whether plaintiff entitled to specific performance - Section 11(3) of the Housing Developers (Control and Licensing) Regulations 1989
Contract: Building contract - Delay in completion - Vendor unable to fulfil contract by completion date - Deduction of liquidated damages for delay - Whether allowed - Whether plaintiff entitled to specific performance

Arab Malaysian Bank Bhd v. Strategi Cerah Sdn Bhd & Ors 22 MAY 2006 - HIGH COURT MALAYA, KUALA LUMPUR [CIVIL SUIT NO: D8-22-3310-1999]

CONTRACT: Loan - Breach - Plaintiff bank granted 1st defendant a term loan and entered into a loan agreement cum assignment - Whether term loan and agreement frustrated and became void - Whether there was a total failure of consideration - Whether plaintiff had right in personam - Rules of the High Court 1980, O. 14A
BANKING: Banks and banking business - Loan - Plaintiff bank granted 1st defendant a term loan and entered into a loan agreement cum assignment - Whether term loan and agreement frustrated and became void - Whether there was a total failure of consideration - Whether plaintiff had right in personam - Rules of the High Court 1980, O. 14A

Arab-Malaysian Finance Berhad v. Chan Sai Mee 05 JANUARY 2001 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S2-24-978-2000]

LAND LAW: Charge - Order for sale - Cause to the contrary - Whether established - Developer's failure to obtain official approval for building plans - Whether sale and purchase agreement rendered void - Whether loan agreement affected - Whether defendant had shown "valid cause to the contrary" - National Land Code, s. 256(3)

Arab-Malaysian Finance Bhd v. Steven Phoa Cheng Loon & Ors 03 DECEMBER 2002 - COURT OF APPEAL, KUALA LUMPUR [CIVIL APPEAL NOS: W-01-68-2000, W-01-67-2000, W-01-69-2000 & W-02-602-2000]

Tort: Negligence - Collapse of high-rise block of apartments - Loss in value of neighbouring blocks of apartments - Appeal by defendants against liability - Whether defendants owed a duty of care - Whether they breached duty - Whether there was causation - Remoteness of damage - Pure economic loss - Whether recoverabel - Whether recoverable if reasonably foreseeable

Archlaw Development Sdn Bhd v. Saw Ewe Leong 16 OCTOBER 2002 - HIGH COURT MALAYA, PENANG [ORIGINATING SUMMONS NO: 22-298-2002]

AU MENG NAM & ANOR v. UNG YAK CHEW & ORS 12 JULY 2007 - COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: J-01-82-2005]

LAND LAW: Indefeasibility of title and interests - Forged transfer - Whether purchaser acquired indefeasible title - Whether words "to whom it may subsequently be transferred" in s. 340(3)(a) NLC referred to immediate purchaser or subsequent purchaser - Whether Adorna Properties Sdn Bhd v. Boonsom Boonyanit decided per incuriam - Whether binding precedent - Whether distinguished - National Land Code, s. 340(2), (3)

Aw Yong Wai Choo & Ors v. Arief Trading Sdn Bhd & ANOR 21 SEPTEMBER 1991 - HIGH COURT MALAYA IPOH [HIGH COURT CIVIL SUIT NO. 753 OF 1982 CONSOLIDATED WITH 93/82, 687/82, 688/82, 689/82, 692/82, 693/82, 696/82, 710/82, 711/82, 712/82, 752/82, 754/82, 756/82, 757/82, 759/82, 762/82, 763/82, 764/82, 766/82, 768/82, 769/82, 782/82, 783/82, 784/82, 786/82, 787/82, 789/82, 791/82, 793/82, 794/82, 795/82, 10/83, 20/83, 57/83 & 659/83]

Civil Procedure: Cost - Getting-up fee - Consolidation of actions - Whether getting-up fee must be confined only to points raised at hearing of consolidated action - Whether costs of getting-up should be repeated in each individual case in the consolidated action

Azali B Bakar v. Insun Development Sdn Bhd 07 MAY 1994 - HIGH COURT JOHOR BAHRU [ORIGINATING SUMMONS NO. 24-541 OF 1993]