LOH SIM SENG 1. ) ONG MEI LEAN 2. ) LITTLE CRAVINGS SDN BHD

LOH SIM SENG 1. ) ONG MEI LEAN 2. ) LITTLE CRAVINGS SDN BHD

The Court exercised its inherent jurisdiction to grant ancillary orders to give effect to the consent order because the defendants had failed to perform specified obligations under the re-amended settlement; accordingly the Court ordered specific performance in respect of the obligations set out in paragraphs 1(a) to 1(e) of the originating summons, excluded the liquidated damages clause from immediate enforcement pending proof at trial, converted claims for damages to a writ action and awarded costs of RM5,000.

Citation
BA-24NCvC-210-02/2021 (Mahkamah Tinggi)
Parties
Appellant: ONG MEI LEAN; Appellant: LITTLE CRAVINGS SDN BHD; Respondent: LOH SIM SENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 September 2022
Case Number
BA-24NCvC-210-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Originating Summons for Specific Performance and Ancillary Relief / High Court Judgment (shah Alam)
Outcome
Application partially allowed; specific performance and ancillary orders granted for specified obligations; claim for liquidated damages and other claims converted to writ action or dismissed in part; costs awarded.
Legal Topics
Specific Performance, Consent Order Enforcement, Inherent Jurisdiction, Functus Officio Exceptions, Liquidated Damages, Interpleader
Source Language
Malay/English
Contract Company Law Civil Procedure Specific Relief Act Remedies Specific Performance Consent Order Enforcement Inherent Jurisdiction Functus Officio Exceptions +2 more

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Parties

ONG MEI LEAN

Appellant

LITTLE CRAVINGS SDN BHD

Appellant

LOH SIM SENG

Respondent

Procedural Posture

Civil Suit Originating Summons for Specific Performance and Ancillary Relief / High Court Judgment (shah Alam)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant ancillary orders to give effect to a consent order
  2. 2 Whether the defendants breached the re-amended settlement agreement/consent order
  3. 3 Whether specific performance is an appropriate remedy for the unfulfilled obligations

Ratio Decidendi

The Court exercised its inherent jurisdiction to grant ancillary orders to give effect to the consent order because the defendants had failed to perform specified obligations under the re-amended settlement; accordingly the Court ordered specific performance in respect of the obligations set out in paragraphs 1(a) to 1(e) of the originating summons, excluded the liquidated damages clause from immediate enforcement pending proof at trial, converted claims for damages to a writ action and awarded costs of RM5,000.

Court Disposition

Application partially allowed; specific performance and ancillary orders granted for specified obligations; claim for liquidated damages and other claims converted to writ action or dismissed in part; costs awarded.

Orders

  • Within seven days transfer properties held under Individual Title Pajakan Mukim 3941 Lot 82, Pajakan Mukim 3942 Lot 83 and Pajakan Mukim 3943 Lot 84 free from encumbrances to the Plaintiff and deliver original titles with Plaintiff registered as proprietor
  • Within seven days release or cause the Plaintiff to be released from all guarantees undertaken as director of the 2nd Defendant