Matrix Momentum Sdn Bhd v. Saratoga Sdn Bhd
10 JANUARY 2002 - HIGH COURT MALAYA, JOHOR BAHRU
[CIVIL SUIT NO: 22-20-2001]
CIVIL PROCEDURE: Summary
judgment - Proper procedure - Mode of application - Facts deposed in affidavit
in Form 18 - Whether derived from plaintiff's solicitors - Whether facts
ought to be within deponent's personal knowledge - Whether O. 14 r. 2(1)
of Rules of the High Court 1980 complied with - Whether deposition could
be admitted as evidence
CONTRACT: Sale and purchase of property - Late
delivery of vacant possession - Sale and purchase agreement - Provision
for liquidated damages for late delivery of vacant possession - Whether
plaintiff allowed to sue for damages only - Whether time an essence of agreement
- Whether plaintiff entitled to rescind contract - Contracts Act 1950, s.
56
LAND LAW: Housing developers - Sale and purchase agreement - Late delivery
of vacant possession - Provision for liquidated damages for late delivery
of vacant possession - Whether plaintiff entitled to rescind contract -
Whether time an essence of agreement - Contracts Act 1950, s. 56
Lim Chee Holdings Sdn Bhd V RHB Bank Berhad
20 FEBRUARY 2002 - HIGH COURT (IPOH)
GUAMAN SIVIL NO: 22-188-1994
Introduction: These two cases were consolidated and tried together.
The cause of action in both the actions is basically breach of contract
though, in the latter, negligence is added. The facts involved are briefly
as follows: The plaintiff is a housing development company involved in developing
a small housing estate known as Taman Mewar (the project) in a minor town
called Langkap, which is between Telok Intan and Kapar, in Perak. The total
project consist of only 186 units of building which was to be made up of:
127 single story houses; 52 double story houses and 7 double story shops.
Sakinas Sdn Bhd v. Siew Yik Hau & Anor
19 MARCH 2002 - HIGH COURT (KUALA LUMPUR)
CIVIL APPEAL NO R1-11-139 OF 2000
Civil Law
Act - Assignment - Whether deed of assignment
an absolute one or by way of charge only - Right of assignor to sue - Whether
necessary to join assignee - Civil Law Act 1956 s 4(3)
Contract - Breach - Performance
of contract - Purchasers took vacant possession after agreed date of delivery
of vacant possession - Whether purchasers had accepted performance
of the developer's promise at a time other than the agreed date of delivery
of vacant possession - Whether purchasers had to give developer notice of
their intention to claim compensation for late delivery - Contracts Act
1950 s 56 (3)
Contract - Damages - Liquidated damages - Damages
for late delivery of vacant possession agreed to in sale and purchase agreement
- Liquidated damages provided by legislation - Whether necessary for purchaser
to adduce evidence of actual loss or damage suffered - Contracts Act 1950
s 75
Equity - Assignment -
Civil Law Act 1956 s 4(3) - Whether deed of assignment an absolute one or
by way of charge only - Right of assignor to sue - Whether necessary to
joint assignee
Land Law - Housing developers
- Damages for late delivery - Whether purchasers must prove actual damage
of loss - Whether method of calculating liquidated damages as prescribed
in Housing Developers (Control and Licensing) Regulations 1989 was incapable
of overriding s 75 of Contracts Act 1950 - Reasonable compensation under
s 75 of Contracts Act 1950 - Whether liquidated damages prescribed in Housing
Developers (Control and Licensing) Regulations 1989 constituted reasonable
compensation
Neoh Khoon Lye- vs - Trans-Intan Sdn Bhd
12 APRIL 2002 - HIGH COURT MALAYA, PULAU PINANG
[CIVIL SUIT NO: 22-132-2001]
CONTRACT:
Building contract - Set-off - Whether right of set-off could be excluded
by express words or by implication - Whether claim for set-off proper and
not premature - Whether plaintiff entitled to set-off liquidated damages
due to him against final progressive payment due to defendant
CIVIL PROCEDURE: Injunction - Mandatory injunction - Application
for delivery of vacant possession of land - Balance of convenience - Whether
damages an adequate remedy - Whether there was a serious issue to be tried
- Whether case so "unusually sharp and clear" that injunction should be
granted
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
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
Tan Tien Seng & Ors v. Grobina Resorts Sdn Bhd
14 AUGUST 2002 - HIGH COURT [MELAKA]
SAMAN PEMULA NO. 24-537 TAHUN 2000
Dalam Perkara Perjanjian Jual Beli bertarikh 3 Januari 1995 berhubung
dengan harta yang dikenali sebagai Parcel No. 16- 01 of No. 01-Pent 7, Tanjung
Samudera Kondominium Beach Resort
"FOOTNOTE: The Court of Appeal on 5.11.07 affirmed
the decision of Justice Low Hop Bing at the Melaka High Court made in 2005.
The developer's appeal was dismissed with costs. The case is very important
as it concerns the right of a buyer to object to changes in a housing plan
made without his consent. The issues covered are:
1. to what extent can a developer make changes to the design of his condominium
without getting the consent of the buyers.
2. what constitutes fundamental breach of a sale and purchase agreement."
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
Ng Weng Sum v. Lembah Beringin Sdn Bhd
21 SEPTEMBER 2002 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S6-24-1507-2001]
LAND LAW:
Housing developers - Sale and purchase agreement - Defendant failed
to complete and deliver vacant possession within stipulated time - Whether
time was of essence of contract - Whether plaintiff entitled to terminate
agreement - Whether defendant had established a good defence -Whether defendant
had applied for extension of time
Honour Properties Sdn Bhd & Anor V. Duniaga Sdn Bhd
30 SEPTEMBER 2002 - HIGH COURT MALAYA, PENANG
[COMPANIES WINDING UP NOS: 28-43-1997 & 28-51-1997]
COMPANY LAW: Winding-up - Housing
developer - Consent judgment - Consent judgment by creditors to distribute
progress payment payable to developer among themselves - Whether ultra vires
- Whether to be set aside for illegality - Progress payment thereof - Whether
to be remitted to developer's Housing Development Account - Companies Act
1965 s. 221- Housing Developers (Control And Licensing ) Act 1966 ss. 7A,
24- Housing Developers (Housing Development Account) Regulations 1991 rr.
4, 7
Archlaw Development Sdn Bhd v. Saw Ewe Leong
16 OCTOBER 2002 - HIGH COURT MALAYA, PENANG
[ORIGINATING SUMMONS NO: 22-298-2002]
The plaintiff is a housing developer and was at all material times developing
a housing project known as Rumah Pangsa Kos Rendah on Lots 1518, 1521, 816
and 824, Mukim 12, S.W.D., Daerah Barat Daya, Permatang Damar Laut, Pulau
Pinang.
Hariram Jayaram & Ors v. Sentul Raya Sdn Bhd
21 OCTOBER 2002 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S5-24-1213-2002]
LAND LAW: Housing developers - Sale and purchase agreement
- Non-delivery of vacant possession - Damages - Claim for - Whether purchasers
prevented from claiming damages - Whether to rescind contract before making
claim - Contracts Act 1950, s. 56(3)- Whether claim allowed under Housing
Developers (Control and Licensing) Act 1966
STATUTORY INTERPRETATION: Cannons of construction - Generalia specialibus
non derogant - Sale and purchase of land agreement - Whether Contracts Act
1950applicable - Whether Housing Developers (Control and Licensing) Act
1966governing statute - Whether specific laws ought to be applied as opposed
to general legislation
CONTRACT: Housing development contract - Breach - Non-delivery of
vacant possession - Damages - Claim for - Notice to claim compensation -
Absence of - Whether purchasers prevented from claiming damages - Whether
to rescind contract before making claim - Contracts Act 1950, s. 56(3)-
Whether applicable
Sinwara Sdn Bhd V. Maris Housing Sdn Bhd & Anor
26 NOVEMBER 2002 - HIGH COURT [KUALA LUMPUR]
SAMAN PEMULA NO: S6(S2)-24-3114-2001
Right to increase
the management fee, and if so, whether the Plaintiff must pay before strata
title is issued
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
Civil Procedure: Pleadings - Departure from - Judge decided on issue
against defendant that was not raised in pleadings - Whether judge erred
- Whether defendants had, by conduct, entered upon issue during evidence
and argument - Whether defendants were not prejudiced
Tort: Negligence - Title to sue - Collapse of high-rise block of
apartments - Claim by residents/plaintiffs of neighbouring blocks for loss
in value - Whether they had title to sue - Whether possessory titles sufficient
Tort: Negligence - Local Authority - Breach of duty of care - Idemnity
- Whether s. 95(2) Street, Drainage and Building Act 1974 applicable - Whether
action barred by limitation
Tort: Nuisance - Failure to maintain drains - Failure thereof led
to landslide causign collapse of high-rise block of apartments - Whether
a case of actionable nuisance - Loss in value of neighbouring blocks of
apartments - Whether recoverable - Remoteness of damage - Whether test of
reasonable foreseeability
