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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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Bank
Bumiputra Malaysia Bhd v. Sal Enterprise Sdn Bhd & Ors
19 AUGUST 2005 - COURT OF APPEAL, PUTRAJAYA
[CIVIL SUIT NO: W02-324-1999] |
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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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Beauford Baru Sdn Bhd V. Gopala Krishnan v K Gopalan
12 OCTOBER 2005
HIGH COURT [MELAKA]
GUAMAN SIBIL NO. 11-19-20O2 & GUAMAN SIBIL NO. 11-6-2002
The defendant is a licensed housing developer for the project
known as Taman Pantai Mas. The plaintiff had on 27 March 1990 entered into
a sale and purchase agreement ("SPA") for the purchase of a corner lot,
Lot 260 in the approved layout plan, for the type of houses known as "Pulau
Undan" in the project. For brevity and convenience, a reference hereinafter
to a clause and a schedule is a reference to the clause in and the schedule
to the SPA. The First Schedule contains the approved layout plan for intermediate
lots on which were to be erected houses without any side porch, while the
house erected for the corner lot is with a side porch.
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Beca (M) Sdn Bhd v. Tang
Choong Kuan & Anor.
30 SEPTEMBER 1985 - SUPREME COURT, KOTA KINABALU
[FC CIVIL APPEAL NO. 280 OF 1984]
CONTRACT:
Housing developers - Sale and purchase of flats - Deposit or "booking fee" -
Rule 10(2) of Housing (Control and Licensing of Developers) Rules 1980 -
Provisional agreement - Licence - Validity - Void - Section 66 of Contracts
Act 1950 - Sections 5, 20 of Housing (Control and Licensing of Developers)
Enactment 1978. |
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Bijak Utama Sdn Bhd v. Adwin Sdn Bhd
04 APRIL 1997 - HIGH COURT KUALA LUMPUR
[GUAMAN SIVIL NO: 22-128 TAHUN 1996]
CONTRACT
- sale and purchase - breach of restrictive covenants - application for
declaratory relief and injunction
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Borneo Housing Mortgage Finance Bhd V. Mygal Gibie &
Anor
09 MARCH 2004 - HIGH COURT SABAH & SARAWAK, SANDAKAN
[SUIT NO: TSC (52) 48-2002]
LIMITATION:
Commencement of action - When action commenced - Breach of contract - Recovery
of interest - Whether action statute-barred - Limitation Ordinance (Cap
72) (Sabah), s. 19(1), Sch. items 95, 101
CONTRACT: Breach - Limitation - Recovery of interest - Whether action
statute-barred - Limitation Ordinance (Cap 72) (Sabah), s. 19(1), Sch. items
95, 101
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