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Lai Mew Seng V. Cosmopac
Sdn Bhd
10 OCTOBER 1997 - HIGH COURT MALAYA, JOHOR
BAHRU
[CIVIL SUIT NO: 22-15-1997]
CONTRACT:
Sale and purchase of property - Booking pro forma
- Whether constitutes a binding contract between developer and purchaser
- Option agreement - Whether a mere formality - Sale and purchase agreement
- Whether a conditional contract - Intention of parties
CONTRACT: Specific performance - Sale and purchase of property - Conditions
precedent to granting of specific performance - Whether plaintiff ready
and willing to perform contract
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Lam Gow & Anor V. Maju-Tekno
Sdn Bhd & Anor 12 AUGUST 1994 - HIGH COURT MALAYA, SHAH ALAM
[ORIGINATING SUMMONS NO. 24-668-93]
CONTRACT:
Sale and purchase of land - Misdescription - Size
of land smaller by 25.19 % - Whether a material misdescription - Whether there
was a substantial failure of performance - Whether there was acceptance by
conduct of the reduction in the size of the land - Rescission - Whether contract
could be avoided - Contracts Act 1950 s. 76 .
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Lebbey Sdn Bhd v. Tan Keng Hong & Anor
07 OCTOBER 1999 - HIGH COURT OF MALAYA
[CIVIL APPEAL NO: R2-12-203-99]
CONTRACT:
Damages - Liquidated damages - Incorporated as term of agreement - Whether
must prove loss - Contracts Act 1950, s. 75
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Lee Wah Bank
Ltd v. Chi Liung Holdings Sdn Bhd13 OCTOBER 1983 - HIGH COURT MALAYA, KUALA LUMPUR VOHRAH J
[ORIGINATING SUMMONS NO. F 836 OF 1982] |
Lee Wah Bank
Ltd. v. Chi Liung Holdings Sdn Bhd 16 JUNE 1984 - FEDERAL COURT, KUALA LUMPUR
ABDUL HAMID OMAR CJ (MALAYA), MOHD. AZMI FJ, SYED AGIL BARAKBAH FJ
[CIVIL APPEAL NO. 291 OF 1983] |
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Lee Wah Bank Ltd v. Chi Liung Holdings Sdn Bhd
09 MAY 1986
- HIGH
COURT OF MALAYA
ORIGINATING SUMMONS NO F1871 OF 1985
CONTRACT: Sale
and purchase agreement of business premises - Whether sale inclusive of
exterior wall - Installation of ATM through exterior wall - Whether consent of
vendor necessary - Whether installation within meaning of "alteration" and
"improvement" - Proprietorship of exterior wall - Whether with purchaser -
Installation of signboards and logo - Whether purchaser entitled to install
without consent of vendor - Meaning of "competent authorities". |
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Lee Wai Kin V.
Yulek Sdn Bhd.
12 FEBRUARY 1986 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO. F 1013 OF 1985]
LAND LAW:
Section 8(1) of Strata Titles Act 1985 - Who should apply for strata title -
Prescribed fee under section 10 - When can collect payment from registered
proprietor-
Terms of the agreement - Construction of. |
Lee Poh Choo (F) V. SEA Housing Corporation SB
31 MAY 1999 - HIGH COURT [KUALA LUMPUR]
SUIT NO F116 OF 1982
The Plaintiff's claim is for liquidated damages for late delivery for
the period of 16 June 1977 to 10 June 1982 (1852 days) at the statutory
rate of 8% per annum. Thereafter at RM38.36 per day until delivery of vacant
possession. |
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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
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Lew Pa Leong v.
Chi Shen Lan 09 OCTOBER 2006 - COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: W-02-402-2006] |
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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
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Liew Jui Hua & Ors V.
Johor Property (M) Sdn Bhd
08 APRIL 1996 - HIGH COURT MALAYA, JOHOR BAHRU
[COMPANIES WINDING-UP NO: 28-126-1995]
COMPANY LAW: Winding-up - Failure of company to deliver
vacant possession - Whether just and equitable to wind-up - Companies Act
1965, s. 218 COMPANY LAW: Winding-up - Notice of petition - Whether
notice of petition was served on the respondent - Whether service of notice
of petition was mandatory - Companies Act 1965, s. 218
COMPANY LAW: Winding-up - Whether petitioner had locus standi to
present winding-up petition - Companies Act 1965, s. 217
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Liew Yok Yin v.
AGS Harta Sdn Bhd22 MARCH 2006 - HIGH COURT MALAYA, JOHOR BAHRU
[CIVIL SUIT NO: [MT-1] 22-436-2002]
LAND LAW: Indefeasibility of title and interests - Forged transfer
- Whether plaintiff had an indefeasible title - Whether defendant bona fide
purchaser for value - National Land Code 1965, s. 340(2)(b), (3) |
Lim Ah Moi v. Ams
Periasamy Suppiah Pillay 13 MAY 1997 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEAL NO: A-2-641-1995]
CONTRACT: Breach - Rescission, right of - Election to rescind
agreement - Whether appellant bound by such election - Whether appellant
still has caveatable interest in the land after rescinding the agreement
- Whether appellant's caveat should remain or be removed
LAND LAW: Sale of land - Caveat - Timeous action - Whether important
- Whether vital that claims made by caveator are enforced by action without
undue delay
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Lim Chee Holdings Sdn Bhd V RHB Bank Berhad
20 FEBRUARY 2002 - HIGH COURT (IPOH)
GUAMAN SIVIL NO: 22-188-1994 |
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Lim Chong Beng V. Pulau Kembar Sdn Bhd
08 MARCH 2005
HIGH COURT MALAYA, MELAKA
[SUIT NO: 1-22-11-2004]
CIVIL PROCEDURE:
Summary judgment - Application for - Matters to be considered - Whether
plaintiff's claim plain and obvious - Whether there were triable issues
- Rules of the High Court 1980, O. 81
CONTRACT: Breach - Time of the essence - Whether constituted a fundamental
breach of Agreement - Whether defendant repudiated Agreement - Whether plaintiff
entitled to rescind Agreement - Contracts Act 1950, ss. 40
CIVIL PROCEDURE: Appearance - Unconditional appearance - Effect of
- Whether defendant waived any irregularity in proceedings
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Lim Ee Fah & Ors v. Seri Maju Padu
12 JULY 2002 - HIGH COURT OF MALAYA
[CIVIL APPEAL NO: MT(3) 11-3-1999]
LAND LAW:Housing developers - Damages
for late delivery - Agreement to deliver vacant possession within 24 months
- Date of vacant possession - Whether time to commence from date of acceptance
of deposit - Whether contract deemed to have existed on receipt of deposit
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Lim Hui Kok & Ors
v. Antara Realty Sdn Bhd & Anor 03 JULY 1994 - HIGH COURT MALAYA, ALOR SETAR
[CIVIL SUIT NO. 25-38-1986]
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Lim Seang Mee v. Keepahead Holdings Sdn Bhd
17 FEBRUARY 1992 - HIGH COURT MALAYA, PULAU PINANG
[ORIGINATING SUMMONS NO. 24-26-1992]
Land Law: Housing Developers - Deed of Assignment
- Whether it is the Developer's obligation to endorse or just discretion
to grant its consent - Administrative fee to grant consent
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Lim Teck
Kong v. Dr Abdul Hamid Abdul Rashid & Anor28 SEPTEMBER 2005
COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: B-02-757-98]
TORT: Negligence - Professional Negligence
- Engineers - Failure of engineer to do thorough testing of soil - Whether
engineer owes duty to ensure whether safe to build on particular site
TORT: Damages - Negligence - Whether Damages may be awarded for pure
economic loss
EVIDENCE: Expert evidence - Court to assess weight of evidence -
Whether more weight to be given to based on investigation carried out closer
to time of incident taking place |
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Lim Yoh v. Astana Strategi (M) Sdn Bhd & Anor
27 MARCH 1998 - HIGH COURT MALAYA, MELAKA
[CIVIL SUIT NO: 22-28-96]
CONTRACT: Time - Time of the essence
- Sale and purchase agreement - Completion date fell on Sunday followed
by public holiday - Balance of purchase price - Defendant unable to pay
as office of plaintiff's solicitors was closed - Whether days in question
should be excluded in computing date of completion of agreement
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Limmewah
Development Sdn Bhd v. Dr Jasbir Singh s/o Harbhajan Singh 17 FEBRUARY 1993 - HIGH COURT [MUAR]
CIVIL APPEAL NO 11-1 OF 1990 |
Loh Wai Lian
v. SEA Housing Corporation Sdn Bhd29 SEPTEMBER 1983 - HIGH COURT MALAYA, KUALA LUMPUR MOHAMED
DZAIDDIN J
[CIVIL SUIT NO. F 210 OF 1982]
CONTRACT: Sales and purchase agreement to purchase house - Late delivery of
vacant possession - Liquidated damages.
LIMITATION: Accrual of cause of action - Limitation period for actions arising
out of contract - Definition of `cause of action |
Loh Wai
Lian v. SEA Housing Corporation Sdn Bhd
28 JUNE 1984 - Federal Court of Malaya
[CIVIL APPEAL NO. 266 OF 1983]
CONTRACT: Accrual of cause of action - Relevant date - Breach of contract
- Whether on failure to deliver on contractual date or on actual completion of
contract or on demand and refusal - Relevance of Clause 17 - Provision for
liquidated damages - Whether in breach of r. 12(1)(r), Housing Developers
(Control and Licensing) Rules - Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred. |
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Loh Wai Lian v. SEA
Housing Corporation Sdn Bhd
03 MARCH 1987
- THE
PRIVY COUNCILAPPEAL NO 39 OF 1985
CONTRACT: Accrual of cause
of action - Relevant date - Breach of contract - Whether on failure to deliver
on contractual date or on actual completion of contract or on demand and
refusal - Relevance of Clause 17 - Provision for liquidated damages - Whether
in breach of r. 12(1)(r), Housing Developers (Control and Licensing) Rules -
Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred.
CONTRACT: Accrual of cause of action - Relevant date - Breach of
contract - Whether on failure to deliver on contractual date or on actual
completion of contract or on demand and refusal - Relevance of Clause 17 -
Provision for liquidated damages - Whether in breach of r. 12(1)(r), Housing
Developers (Control and Licensing) Rules - Effect.
CIVIL PROCEDURE: Limitation - Claim for liquidated damages - Whether
statute-barred |
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LSSC Development Sdn Bhd v. Thomas Iruthayam & Anor14 MARCH 2007 - COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: B-02-407-2005]
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