Malaysia Case Law: Decisions & Judgments

Topic

Collateral warranty

Legal area

Court

6 Sept 2023

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA

Citation

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)

The court held that SPAs governed by the HDA must be interpreted to maximise buyer protection; the Preamble and First Schedule plans (read with clause 34) formed contractual obligations binding D1/D2 to develop the Master Land as a residential development of 110 units and not to carve out commercial development; D3 was held to have made representations and was bound by them through holding-out and branding; the plaintiffs validly sued by writ (private law claims) and reliance on promotional materials was established (disclaimers ineffective as unreadable). However, specific performance to com…
6 Sept 2023

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA

Citation

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)

The court held that the SPAs' preamble and First Schedule plans formed part of the contractual obligations and, interpreted under the HDA 1966 to maximize buyer protection, bound D1 and D2 to develop the Master Land as a 110-unit residential development; D3 was held to have made and held out representations (branding/marketing) and thus was bound by collateral representations; however the SPAs did not oblige the developer to build a central refuse chamber as common property and specific performance to compel construction of the remaining units within 36 months was refused; declarations and an…

Malaysia Case Law

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA