COURT DECISIONS

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Links to  websites for other sources of court decisions:

Malaysia Court Homepage - http://www.kehakiman.gov.my

Cases from Malaysia, Singapore and Other Jurisdictions - http://www.ipsofactoj.com

Chai Lai Fook & 18 Ors v. Sentul Raya Sdn Bhd 15 JULY 2004 - HIGH COURT [KUALA LUMPUR] SAMAN PEMULA NO; S5-24-225-2003
 

CONTRACT: Frustration - Sale and purchase agreement - Delay in handing over vacant possession of condominium units - Delay blamed on economic downturn beyond developer's control - Application by developer to Controller of Housing for extension of time to deliver vacant possession rejected - Whether High Court ought to allow developer's defence of frustration - Whether such defence would allow developer to escape liability for late delivery - Whether such defence would have effect of overriding decision of Controller of Housing - Contracts Acts 1950 s. 57(2)
LAND LAW: Housing developers - Delay in completion - Delay blamed on economic downturn beyond developer's control - Action by purchasers for damages for late delivery - Whether developer's defence of frustration could succeed

Cheong Bee Yong v. MBF Finance Bhd & Anor  19 JANUARY 2001 -  HIGH COURT MALAYA, KUALA LUMPUR [ORIGINATING SUMMONS NO: S6-24-2576-99]
 

LAND LAW: Housing developers - Promotional brochure for sale of condominium units - Brochure stated developer would pay for interest on loan until Certificate of Fitness issued - Whether developer bound by words therein - Whether plaintiff relied on brochure to purchase condominium unit
CONTRACT: Loan - Interest payments - Interest payments on loan before issuance of Certificate of Fitness - Whether developer undertook to pay for interest before issuance of Certificate of Fitness in promotional brochure for sale of property - Whether plaintiff relied on such undertaking to purchase property

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

Chiharu Yabe (Zaugg) & Anor v. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur 05 AUGUST 2002 -  HIGH COURT MALAYA, KUALA LUMPUR [ORIGINATING MOTION NO: R1-25-39-2001]

LAND LAW: Restraint on dealings - Restrictions in respect of non-citizens for purchase of property - Rejection of application to purchase property - Bumiputera quota - Whether applicable
WORDS & PHRASES: "Bumiputera quota" - Garis Panduan Perolehan Tanah oleh Warganegara Asing/Syarikat Asing 1998
CIVIL PROCEDURE: Appeal - Time - Limitation to file appeal - National Land Code, s. 418- Whether appeal filed beyond limitation period - Whether to be dismissed
ADMINISTRATIVE LAW: Exercise of administrative powers - Discretion - Restrictions in respect of non-citizens for purchase of property - National Land Code, s. 433B - Requirement of approval from State Authority - Whether discretion vested in Land Executive Committee - Rejection of application to purchase property - Whether decision null and void

Chua Eng Hong & Anor v. Palm Springs Development Sdn Bhd 02 MAY 2001 -  HIGH COURT MALAYA, KUALA LUMPUR [SUIT NO: S2-(S1)-22-365-1999]
 

Land Law: Housing developers - Sale and purchase agreement - Defendant failed to complete and deliver vacant possession within stipulated time - Failure to apply for extension under reg. 11(3) of the Housing Developers (Control & Licensing) Regulations 1989 - Whether the period of 36 months could be waived - Whether extension of time could be given

Chung May Yen v. Puncakdana Development Sdn Bhd 20 SEPTEMBER 2002 -  HIGH COURT MALAYA, KUALA LUMPUR [ORIGINATING SUMMONS NO: S6-24-1604-2001]
 

Contract: Housing development contract - Breach - Delay in delivering vacant possession of property - Whether caused by relevant authorities - Defence of waiver - Whether defendant entitled - Whether purchaser entitled to terminate agreement
Land Law: Housing developers - Sale and purchase agreement - Non-delivery of vacant possession - Whether delay caused by relevant authorities - Whether plaintiff waived right to terminate agreement - Whether plaintiff entitled to terminate agreement