LEE WAH BANK LTD. V. CHI LIUNG HOLDINGS SDN. BHD.

LEE WAH BANK LTD. V. CHI LIUNG HOLDINGS SDN. BHD.

The agreement was not a conditional contract preventing declaratory relief before registration of subsidiary title; making a hole through the wall for an ATM is an alteration affecting the structure and thus requires vendor consent under Section 5.14; Section 6.06's reference to 'competent authorities' includes the vendor and the appropriate authority so purchaser may not unilaterally install the ATM; similarly Section 7.04 requires vendor approval for exterior signboards and logos; accordingly the purchaser's declarations were refused.

Citation
LEE WAH BANK LTD. V. CHI LIUNG HOLDINGS SDN. BHD.
Parties
Purchaser: Lee Wah Bank Limited; Vendor: Chi Liung Holdings Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1983
Procedural Posture
Originating Summons for Declaratory Relief Under O.5 R.4(2) Rules of the High Court 1980 / Judgment on Originating Summons
Outcome
Application dismissed with costs.
Legal Topics
Contract Interpretation, Alterations to Premises, Signboard and Signage Rights, Declaratory Relief, Condition Precedent Vs Term
Source Language
en
Contract Law Property Law Civil Procedure Contract Interpretation Alterations to Premises Signboard and Signage Rights Declaratory Relief Condition Precedent Vs Term

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Parties

Lee Wah Bank Limited

Purchaser

Chi Liung Holdings Sdn. Bhd.

Vendor

Procedural Posture

Originating Summons for Declaratory Relief Under O.5 R.4(2) Rules of the High Court 1980 / Judgment on Originating Summons

Legal Issues

  1. 1 Whether the agreement was conditional so purchaser had no proprietary rights until subsidiary title transferred
  2. 2 Whether installation of an automated teller machine constituted an alteration requiring vendor consent under Section 5.14
  3. 3 Whether Section 6.06 entitled purchaser to carry out ATM installation without vendor approval and the meaning of "competent authorities"

Ratio Decidendi

The agreement was not a conditional contract preventing declaratory relief before registration of subsidiary title; making a hole through the wall for an ATM is an alteration affecting the structure and thus requires vendor consent under Section 5.14; Section 6.06's reference to 'competent authorities' includes the vendor and the appropriate authority so purchaser may not unilaterally install the ATM; similarly Section 7.04 requires vendor approval for exterior signboards and logos; accordingly the purchaser's declarations were refused.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.