1.THUNG VOON EE 2.LAI KOK FUI 3.CHIN MENG HIONG COSMIC MASTER DEVELOPMENT SDN BHD

1.THUNG VOON EE 2.LAI KOK FUI 3.CHIN MENG HIONG COSMIC MASTER DEVELOPMENT SDN BHD

The court held that the contemporaneous documentary evidence (irrevocable powers of attorney and the Sale and Purchase Agreements) established that Cosmic Master Development Sdn Bhd acted as agent under powers of attorney for Syarikat Perumahan Negara Berhad and Haluan Menang; admissions by parties did not override...

Source-derived case information.

Citation
JA-22NCVC-168-08/2018 (Mahkamah Tinggi)
Parties
Plaintiff: THUNG VOON EE; Plaintiff: LAI KOK FUI; Plaintiff: CHIN MENG HIONG; Defendant: COSMIC MASTER DEVELOPMENT SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2019
Case Number
JA-22NCVC-168-08/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (writ of Summons Housing Development / Sale and Purchase) / Judgment (decision)
Outcome
Enclosure (1) dismissed for failure to name the correct party; plaintiffs' claim dismissed with costs
Legal Topics
Sale and Purchase Agreement, Power of Attorney, Liquidated Damages, Termination of Contract, Parol Evidence Rule, Vicarious Liability, Evidence Act Provisions
Contract Property Evidence Agency Housing Development Law Sale and Purchase Agreement Power of Attorney Liquidated Damages +4 more

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Parties

THUNG VOON EE

Plaintiff

LAI KOK FUI

Plaintiff

CHIN MENG HIONG

Plaintiff

COSMIC MASTER DEVELOPMENT SDN BHD

Defendant

Procedural Posture

Civil Suit (writ of Summons Housing Development / Sale and Purchase) / Judgment (decision)

Legal Issues

  1. 1 Whether defendant acted as principal or as agent under powers of attorney
  2. 2 Whether defendant committed fundamental breach by failing to deliver vacant possession by contractually mandated dates
  3. 3 Whether plaintiffs validly terminated the Sale and Purchase Agreements by solicitor's letter dated 26/7/2018

Ratio Decidendi

The court held that the contemporaneous documentary evidence (irrevocable powers of attorney and the Sale and Purchase Agreements) established that Cosmic Master Development Sdn Bhd acted as agent under powers of attorney for Syarikat Perumahan Negara Berhad and Haluan Menang; admissions by parties did not override the written instruments pursuant to Evidence Act ss.91 and 92; plaintiffs failed to sue the correct principals and therefore the writ was dismissed for failure to name the proper parties; Enclosure (1) dismissed with costs.

Court Disposition

Enclosure (1) dismissed for failure to name the correct party; plaintiffs' claim dismissed with costs

Orders

  • Enclosure (1) dismissed with costs