JELAS PURI SDN. BHD. 1. ) CRAVEBIT JAPAN FOOD & DESERT SDN. BHD. (NO. SYARIKAT : 1244254-A) 2. ) TAN LEN CHOON (NO.K/P: 640623-10-7062) 3. ) LEONG SZE MUN (NO. K/P: 880424-14-5802

JELAS PURI SDN. BHD. 1. ) CRAVEBIT JAPAN FOOD & DESERT SDN. BHD. (NO. SYARIKAT : 1244254-A) 2. ) TAN LEN CHOON (NO.K/P: 640623-10-7062) 3. ) LEONG SZE MUN (NO. K/P: 880424-14-5802

Plaintiff was entitled to summary judgment under Order 81 because plaintiff paid the full purchase price and title had been transferred, the sale agreement required the vendor to deliver vacant possession, and defendant failed to raise any evidentiary triable issue; consequently specific performance was ordered (delivery of vacant possession within five days) and plaintiff awarded special damages equivalent to mortgage instalments paid up to 31.8.2019 and interest at 5% p.a. from judgment until settlement.

Citation
WA-22NCVC-283-04/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Faridah Akhma binti Zulkifli; Respondent/plaintiff: Goh Cheng Huat; Respondent/plaintiff: Lim Ley Nee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2019
Case Number
WA-22NCVC-283-04/2019 (Mahkamah Tinggi)
Procedural Posture
Civil: Specific Performance (sale of Land) / Appeal From High Court Summary Judgment Application Under Order 81 (kkm 2012)
Outcome
Plaintiff's Order 81 application allowed: specific performance granted; defendant ordered to deliver vacant possession; damages and interest awarded; costs ordered.
Legal Topics
Specific Performance, Summary Judgment (order 81), Sale of Land, Vacant Possession, Special Damages, Interest on Judgment
Source Language
Malay/English
Contract Property Civil Procedure Equity Specific Performance Summary Judgment (order 81) Sale of Land Vacant Possession +2 more

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Parties

Faridah Akhma binti Zulkifli

Appellant/defendant

Goh Cheng Huat

Respondent/plaintiff

Lim Ley Nee

Respondent/plaintiff

Procedural Posture

Civil: Specific Performance (sale of Land) / Appeal From High Court Summary Judgment Application Under Order 81 (kkm 2012)

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment under Order 81 for specific performance of sale of land
  2. 2 Whether defendant raised any triable issue to defeat summary judgment
  3. 3 Whether plaintiff entitled to special damages for mortgage payments and costs

Ratio Decidendi

Plaintiff was entitled to summary judgment under Order 81 because plaintiff paid the full purchase price and title had been transferred, the sale agreement required the vendor to deliver vacant possession, and defendant failed to raise any evidentiary triable issue; consequently specific performance was ordered (delivery of vacant possession within five days) and plaintiff awarded special damages equivalent to mortgage instalments paid up to 31.8.2019 and interest at 5% p.a. from judgment until settlement.

Court Disposition

Plaintiff's Order 81 application allowed: specific performance granted; defendant ordered to deliver vacant possession; damages and interest awarded; costs ordered.

Orders

  • Plaintiff granted leave to enter final judgment under Order 81 KKM 2012 for specific performance requiring defendant to deliver vacant possession of the property to plaintiff(s)
  • Defendant to deliver vacant possession of the property to plaintiff(s) within five days from date of judgment