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Sakinas Sdn Bhd v. Siew Yik Hau & Anor
19 MARCH 2002 - HIGH COURT (KUALA LUMPUR)
CIVIL APPEAL NO R1-11-139 OF 2000
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
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
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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 |
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S.E.A. Housing Corp Sdn Bhd v.
Lee Poh Choo
19 MARCH 1982 - FEDERAL COURT, KUALA LUMPUR
[CIVIL APPEAL NO. 67 OF 1981]
LAND LAW: Housing Developers - Agreement to complete building within 18
months - Delay in completion - Acute shortage of contractors, skilled and
construction workers at relevant time - General shortage of building materials
- Whether caused by circumstances beyond developer's control to exempt
liability - Respondent withholds final instalment payment to set off claim for
delay in completion - Demand for balance of the damages - Whether respondent
committed breach in holding payment of the final instalment. |
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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
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Sor Kok Wah & 4 Ors v Draland Sdn Bhd
16 March 1998 - HIGH COURT, MELAKA
(Originating Summons NO 24-134-1997)
LAND LAW:
Strata title - Application for title - Whether s. 6 or s. 7(2) of Strata
Titles Act 1985 applicable to land held under qualified title - Whether
application for strata titles after completion of building contrary to s.
10A(1) of the Act
LAND LAW: Strata title - Maintenance charges - Whether purchasers
may claim damages for failure to apply for strata titles
LAND LAW: Strata title - Sale and purchase agreement - Term allowing
developer to apply for strata title after completion of building - Whether
contravenes s. 8 of Strata Titles Act 1985 - Whether an attempt to contract
out a statutory provision
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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
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Steven Phoa Cheng Loon & Ors v. Highland Properties Sdn Bhd
& Ors
11 AUGUST 2000 - HIGH COURT MALAYA, KUALA LUMPUR
[CIVIL SUIT NO: S5-21-174-1996]
CIVIL PROCEDURE:
Action - Party - Locus Standi - Rights in property assigned to another -
Whether assignment absolute - Whether has right to sue in own name
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Supreme Finance (M) Bhd v. Chandan Daya Sdn Bhd & Anors
14 FEBRUARY 1990 - HIGH COURT MALAYA, KUALA LUMPUR
[ORIGINATING SUMMONS NO. F31-3899-1986]
LAND LAW:
Charge - Default by chargee - Interest of third party purchaser -
Actual notice - Registration - Indefeasibility - Principles on which interest
can be varied - Not party to charge documents - Equitable interest - Nature
of incumbrance - National Land Code 1965, s. 340 - Civil Law Act 1956,
s. 11(a). Whether to be granted
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Sykt. Muzwina
Development Sdn Bhd lwn. Abbas & Ngan13 OGOS 1990 - MAHKAMAH TINGGI MALAYA, IPOH
[SAMAN PEMULA NO. 24-246-90] |
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Syarikat Lean
Hup (Liew Brother) Sdn Bhd v. Cheow Chong Thai 26 MAY 1988 - HIGH COURT [KUALA LUMPUR]
CIVIL APPEAL NO 11-9-1987 |
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Syarikat
Gunung Sejahtera Sdn Bhd v. Lim Sze On & Ors 16 JULY 2007 - COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: A-02-256-2002] |
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Syarikat Kemajuan Perumahan Negara Sdn Bhd V. Lee Cheng
& Anor
08 SEPTEMBER 2005
COURT OF APPEAL, PUTRAJAYA
[CIVIL APPEAL NO: C-04-28-1999]
CONTRACT:
Building Contract - Delivery of vacant possession - Whether developer obliged
to energize supply of water and electricity into Building before handing
over vacant possession of Building - Housing Developers (Control and Licensing)
Regulations 1989.
CONTRACT:
Housing development - Sale and purchase Agreement - Sale and purchase Agreement
subject to the Housing Developers (Control and Licensing) Regulations 1989
- Vacant possession - Whether vacant possession under the Housing Developers
(Control and Licensing) Regulations 1989 presupposes the developer's responsibility
to energize the supply of water and electricity into the Building.
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