Travelsight (M) Sdn Bhd & Anor V. Atlas Corporation Sdn Bhd
02 JANUARY 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S6-24-4147-01]
CONTRACT: Rescission - Misrepresentation
- Material representations pertaining to size of property and issue of approval
of building plans - Plaintiff not employing own experts to ascertain truth
of representations before executing agreement - Effect of - Whether misdescriptions
substantial - Whether plaintiff entitled to rescind agreement
CONTRACT: Rescission - Building contract - Section 40, Contracts
Act 1950- Obligation of restitution on part of party rescinding contract
- Whether defendant estopped from reneging from its own agreement
OOI CHIN NEE V. CITIBANK BHD
8 JANUARY 2003 - HIGH COURT MALAYA, PENANG
[CIVIL SUIT NO: 22-435-2002]
Facts: By a sale and purchase agreement dated 10 August 2000,
the plaintiff purchased a parcel known as A-19-B Taman Impian, Leader Garden,
Pulau Pinang, situated on Lot No. 4200, Daerah Timur Laut, Tanjong Bungah,
Pulau Pinang (together known as the said parcel) from Leader Garden Sdn.
Bhd., the developer, at a purchase price of RM410,000. To effect the said
sale the plaintiff obtained a loan of RM348,500 by way of a facility agreement
dated 5 September 2000 from the defendant. Pursuant to a deed of assignment
dated 5 September 2000, the plaintiff surrendered all his rights over the
said property and the said land to the defendant. As the plaintiff needed
a further loan of RM78,000 the defendant referred the plaintiff to a registered
valuer who gave a written market value of the freehold interest in the said
parcel at RM650,000.
PYWATECH (M) SDN BHD V. VISTA-PRISMA SDN BHD
14 FEBRUARY 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S5-24-2345-2002]
By way of an originating summons in encl. (1) the plaintiff sought for the
following prayers:
(1) for a declaration that the defendant has breached the sale and purchase
agreement dated 8 September 1997 (hereinafter referred to as the "said agreement")
and that the plaintiff has rightfully rescinded the said agreement on 19
April 2002 by way of a letter from the plaintiff's solicitor or at any date
which this Honourable Court thinks fit and proper or, by way of an alternative,
a declaration that the said agreement has been terminated by virtue of a
breach of the said agreement by the defendant;
PLAZA PEKELILING MANAGEMENT CORPORATION V. IGB CORPORATION
BERHAD & ANOR
20 FEBRUARY 2003 - HIGH COURT [KUALA LUMPUR]
ORIGINATING SUMMONS NO: S3-24-1791-2001
Introduction The parties were magnanimous. They mutually
agreed that the sole issue for consideration by me would be whether the
present originating summons in enclosure one (1) filed by the plaintiff
herein is caught by the doctrine of res judicata and thus an abuse of the
process of the court in view of the fact that the same plaintiff had previously
filed another originating summons against the same defendants in another
High Court in Kuala Lumpur vide originating summons no: S6-24-640-2000 (hereinafter
referred to as the "first OS"). It would certainly make for logical thinking
that the present originating summons should be distinguished from the first
OS which was heard by my brother judge Azmel Maamor J., vide (2001) MLJU
28. His Lordship's judgment too was referred to by counsel on both sides
in the course of the long and protracted submissions.
Wong Thean Chye & Anor V. Junimas Sdn Bhd & Other cases
25 FEBRUARY 2003 - HIGH COURT MALAYA, PULAU PINANG
[SUIT NOS: 22-243-1997, 22-419-1997 & 22-203-1998]
CONTRACT:
Assignment - Sale and purchase of dwelling units
- Assignment by purchasers in favour of bank in return for housing loan
- Whether assignment absolute - Whether conditional - Whether only an "equitable
chose in action" - Delay in completion - Whether purchasers had locus to
sue - Civil Law Act 1956, s. 4(3)- Rules of the High Court 1980, O. 33 r.
2
Kong Peng Pew & Ors v. Meru Valley Resort Bhd
20 MAY 2003 - HIGH COURT MALAYA, IPOH
[CIVIL SUIT NO: 22-192-2001]
CIVIL PROCEDURE:
Injunction- Interlocutory mandatory injunction
- Whether grant of interlocutory mandatory injunction ought to be for unusually
sharp and clear cases - Cutting off of water supply - Whether act complained
of was unlawful and should be restrained
CIVIL PROCEDURE: Injunction - Order of injunction - Application for
- Cutting off of water supply - Whether act complained of was unlawful and
should be restrained
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
Hariram Jayaram & Ors v. Sentul Raya Sdn Bhd
05 AUGUST 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO: S5-24-1213-2002]
CIVIL PROCEDURE: Stay of execution - Application for
stay pending appeal - Principles applicable - Whether there were special
circumstances
Puncakdana Sdn Bhd v. Tribunal Tuntutan Pembeli Rumah & Ors.
04 SEPTEMBER 2003 - HIGH COURT MALAYA, KUALA LUMPUR
[NO: R1-25-53-2003]
ADMINISTRATIVE
LAW: Remedies - Certiorari - Application to quash awards of Tribunal
for Homebuyers Claims - Sale and purchase agreements entered into before
amendments establishing Tribunal came into force - Whether Tribunal had
jurisdiction to hear and adjudicate upon such cases - Whether substantive
rights of applicants affected - Housing Developers (Control and Licensing)
(Amendment) Act 2002, ss. 16AD, 16N(2)
LAND LAW: Housing developers - Sale and purchase agreement - Sale
and purchase agreements entered into before amendments establishing Tribunal
for Homebuyers Claims came into force - Whether Tribunal had jurisdiction
to hear and adjudicate upon such cases - Whether substantive rights of applicants
affected - Housing Developers (Control and Licensing) (Amendment) Act 2002,
ss. 16AD, 16N(2)
STATUTORY INTERPRETATION: Retrospective operation - Not justifiable
in absence of clear intention - Whether Parliament intended Part VI of Housing
Developers (Control and Licensing) (Amendment) Act 2002 to operate retrospectively
- Housing Developers (Control and Licensing) (Amendment) Act 2002, ss. 16AD,
16N(2)
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
MAJLIS PERBANDARAN KLANG V. ZAKIYAH SAMAD
11 NOVEMBER 2003 - 4 MARCH 2004 - FEDERAL COURT,
KUALA LUMPUR
[CIVIL APPEAL NO: 01-15-2002(B)]
LOCAL GOVERNMENT: Rates - Rate of assessment - Whether rates imposed
by local authority can be objected to under s. 142(1) Local Government Act
1976 - Whether matter appealable to High Court under s. 145 Local Government
Act 1976 - Distinction between capitalisation rate and rate of assessment
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
