Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Covid-19 statutory exemption

Legal area

Court

24 Jan 2025

PERRESIA RESOURCES (M) SDN BHD PERSPEKTIF MASA SDN BHD

Citation

BL-22NCvC-22-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-22-06/2023 (Mahkamah Tinggi)

On the balance of probabilities the court found the Plaintiff acted as FPS's nominee/agent and therefore lacked locus to sue under the SPAs; the Deed of Settlement superseded the SPAs and limited FPS/nominee entitlement to the settlement sum (RM2,182,000) so there was no entitlement to LAD calculated on SPA purchase prices; the LAD claim would result in unjust enrichment and was dismissed with costs.
17 Oct 2024

1. ) CHEE KENG BOON 2. ) E KWEE LING ERA UNIVERSE DEVELOPMENT SDN BHD

Citation

JA-B52NCvC-39-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B52NCvC-39-05/2024 (Mahkamah Sesyen)

Court held defendant liable to plaintiffs for LAD of RM412,711.79 calculated from contractual delivery date (02.06.2019) to actual delivery (03.02.2024) based on the SPA purchase price RM883,000; defendant's management restructuring and subsequent head agreement do not excuse liability; COVID-19 statutory exemption did not apply because the contractual delivery date predated the exemption; defendant's counterclaim does not bar entry of summary judgment and may proceed separately.