Hwa Che Lin & Anor v. Malim Jaya (Melaka) Sdn Bhd
19 JANUARY 1996 - HIGH COURT MELAKA.
CIVIL SUIT NO 22–49–1988
...As it was in this case, the plaintiffs did not treat the contract
as subsisting entitling him the right to sue for damages in respect of the
breach but to completely repudiate the contract. For some reason or other,
the plaintiffs did not succeed in proving certain relevant claims such as
the differences in expenses for buying a new house. On the other hand, I
was satisfied that the plaintiffs did prove to the satisfaction of the court
the following prayers which had to be refunded by the defendant, viz:
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
Keng Soon Finance Bhd. v. MK Retnam Holdings Sdn Bhd; Bhagat
Singh Surain Singh & Ors (Interveners)
03 JUNE 1996 - HIGH COURT MALAYA,
KUALA LUMPUR
[ORIGINATING SUMMONS NO: F432 OF 1981]
LAND LAW: Caveats - Who may lodge
caveat - National Land Code 1965, s. 323(1) .
LAND LAW: Caveats - Whether privity of contract with registered proprietor
necessary to maintain caveat.
LAND LAW: Caveats - Test to be applied in determining whether to
remove or extend caveat.
LAND LAW: Caveats - Whether caveator must have caveatable interest
- Whether pecuniary interest sufficient.
LAND LAW: Caveats - Caveatable interest claimed through contract
for sale - Whether contract must be enforceable.
LAND LAW: Sale of land - Conditional contract - Stipulation in contract
- Legal position of stipulation - Whether condition precedent or an essential
term of contract.
LAND LAW: Restraints on dealings - Caveats - Object of caveats -
Whether failure to pursue claim timeously defeats privilege of having caveat
lodged - Whether Court will assist applicant who delays pursuing claim -
Whether inequitable.
Insun Development Sdn Bhd v. Azali Bakar
11 MAY 1996 - SUPREME COURT, KUALA LUMPUR
(CIVIL APPEAL NO: 02-348-1994)
CIVIL PROCEDURE: Action for damages
by purchaser for late-delivery of house by developer - Limitation - When
does the purchaser's right to sue for agreed liquidated damages accrue -
Whether purchaser's claim time-barred - Limitation Act 1953 s. 6(1) .
HOUSING DEVELOPERS: Damages for late-delivery - Agreement in the
statutorily prescribed Schedule E form - When does the purchaser's right
to sue for agreed liquidated damages accrue - Construction of clause 18
of the standard form agreement.
Esther Tan Wooi Hong & Ors
V. Saujana Holdings Sdn Bhd & Ors
25 JULY 1996 - HIGH COURT MALAYA, PENANG
[ORIGINATING SUMMONS NO: 24-1134-95]
CIVIL PROCEDURE: Jurisdiction - Inherent jurisdiction
of Court - Purchasers of apartment units unable to trace owner of land on
which apartments were built - Onus on owner to apply for strata titles -
Whether Court can grant property manager leave to apply for strata titles
on purchasers' behalf - Principles applicable - Rules of the High Court
1980, O. 92 r. 4 - Strata Titles Act 1985, ss. 7 & 8
Gasing Heights Sdn Bhd v. Aloyah Abd Rahman & Ors
02 AUGUST 1996 - HIGH COURT MALAYA,
SHAH ALAM
[CIVIL SUIT NO: 22-187-91]
CIVIL PROCEDURE: Abuse of process - Malicious institution
of proceedings - Whether an abuse of Court's process by way of a distinct
tort - Whether tort of maliciously instituting civil proceedings exists
- Whether action for remedies afforded by the law can amount to an abuse
of process - Collateral advantage - Ulterior purpose
CIVIL PROCEDURE: Abuse of process - Mode of seeking redress - Whether
collateral action proper - Whether must be by way of O 18 r 19(1) of Rules
of the High Court 1980
CIVIL PROCEDURE: Action - Action for declaration that defendants'
originating motion was an abuse of process - Application for injunction
to prevent defendants from continuing with originating motion - Whether
plaintiff's action in itself an abuse of process - Whether plaintiff's statement
of claim disclosed reasonable cause of action - Whether plaintiff's action
premature
CIVIL PROCEDURE: Action - Application by defendants for certiorari,
stay of proceedings, and discovery of documents - Whether application an
abuse of Court's process
TORT: Malicious prosecution - Whether tort of maliciously instituting
civil proceedings exists - Whether an abuse of Court's process by way
of a distinct tort
TORT: Tort of conspiracy - Whether ingredients of conspiracy must be
pleaded with great particularity - Conspiracy to injure by lawful means
- Defendants' originating motion - Whether filed with predominant purpose
of injuring plaintiff - Whether parallel intention to injure plaintiff sufficient
- Whether defendants used unlawful means
Salmah Sulaiman & Anor.
V. Metroplex Development Sdn Bhd.
10 SEPTEMBER 1996 - COURT OF APPEAL, KUALA
LUMPUR
[CIVIL APPEAL NO: W-04-31-94]
CONTRACT: Building contract - Vacant possession, delivery of -
Delay - Whether purchaser entitled to damages for late delivery from developer
- Determination of period of delay
CONTRACT: Building contract - Housing Developers (Control & Licensing)
Rules 1970, r 12(1)(1) - Water and electricity, delay in supply of - Whether
developer liable for delays caused by public authorities - Scope of developer's
responsibilities - Whether purchaser entitled to damages for delay in supply
of water and electricity
Energoprojek (M) Holdings V. Public Prosecutor
24 SEPTEMBER 1996 - HIGH COURT MALAYA, KUALA LUMPUR
DATO' K C VOHRAH J
[CRIMINAL APPEAL NO: 42-5-96]
JUDGMENT : The appellant is a company where the major shareholders
are foreigners. It is engaged in consultancy and construction works in Malaysia.
It is not disputed that the appellant constructed a building in its land,
Lot 789, Jalan Dungun, Bukit Damansara which consists of 12 units of apartments.
It is also not disputed that the said building was at all material times
intended by the appellant to be used as its staff quarters. It was meant
to house its expatriate staff there; there was no intention for any of the
units of apartments to be sold.
Emko Properties Sdn Bhd v. Lee Choong Kheng
11 OCTOBER 1996 - HIGH COURT MALAYA, SHAH ALAM
[ORIGINATING SUMMONS NO: 24-540-1990]
Contract: Sale and purchase of property - Townhouse
- Application for a declaration that the defendant is laible to pay RM60
per month for maintenance upkeep and repair of communal facilities - Whether
the purchaser of a townhouse should pay the developer a charge for the maintenance
upkeep - Proper construction of the sale & purchase agreement - Principles
applicable - Rules of High Court 1980 O. 7 r. 2
Wangsini
Sdn Bhd v. Grand United Holdings Bhd
21 MARCH 1997 - HIGH COURT MALAYA, KUALA LUMPUR
[COMPANIES WINDING-UP NO: D5-28-40-1996]
Background Facts To The Filing Of The Petition: On 19 January
1990 the petitioner had obtained a final judgment against Bukit Ritan Realty
Sdn. Bhd. (BRR), a wholly owned subsidiary of the respondent in the sum
of RM33,875 together with interest at the rate of 8% per annum from 15 March
1985 till the date of the notice made pursuant to s. 218 of the Companies
Act 1965 (the Act) dated 8 January 1996. The said notice was for a sum of
RM130,740.65.
Sri Damansara Sdn Bhd v. Lim Ahat Kiat @Lim Pei Tiam
27 MARCH 1997 - HIGH COURT [KUALA LUMPUR]
[RAYUAN SIVIL NO: R3-11-130-94]
Land Law:
Sale and purchase
CIVIL PROCEDURE - appeal against late delivery charges
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
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
Khoo Ah Imm & Ors v. Datuk Bandar Kuala Lumpur & Ors
28 MAY 1997 - COURT OF APPEAL, KUALA LUMPUR
[CIVIL APPEAL NO: W-02-236-97]
CIVIL PROCEDURE:
Locus standi - Certorari - Whether appellants
had locus standi to receive remedy of certiorari - Whether appellants victims
of procedural unfairness
ADMINISTRATIVE LAW: Remedies - Certiorari - Grant of - Whether discretionary
- Alternative remedy - Whether there existed an equally efficacious remedy
to protect appellants' rights
Permah
@Perumal a/l Ramasamy V. MBF Property Services Sdn Bhd & Anor
31 JULY 1997 - HIGH COURT KUALA LUMPUR
[GUAMAN NO: S2-24-155-1997]
LAND
- sale and purchase - vacant possession - temporary certificate for occupation
- declaratory relief
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
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
CIVIL PROCEDURE: Costs - Security for costs - Plaintiff a foreign
concern - Whether security for costs should be provided as of course - Whether
security for costs ought to be provided in such circumstances
CIVIL PROCEDURE: Costs - Security for costs - Merits of plaintiff's
case - Whether this is a crucial consideration in determining if security
for costs ought to be provided
