Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Conditional/contingent contract

Legal area

Court

28 Apr 2024

SEAN-LEE SDN BHD MUHAMMAD NUR HISYAM BIN CHE MAHMOOD

Citation

DA-24NCvC-266-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-266-08/2023 (Mahkamah Tinggi)

Because the parties had validly entered into and begun performance under the SPA (part payments and mutual conduct), the SPA was valid and binding; requirements for State Authority consent were conditions for completion (discharge/fulfilment) and not conditions precedent to formation, rendering the SPA a conditional agreement rather than void ab initio or a contingent contract; both parties committed contractual breaches arising from unclear drafting and failure to discharge encumbrances and to make scheduled payments; accordingly the plaintiff's application for a declaration that the SPA was…
20 Mar 2023

KSR CAPITAL SDN BHD 1. ) CSEM LAND SDN BHD 2. ) KUMARAGURU A/L THURAIRATNAM 3. ) K.THANARAJAH A/L A. KANAGARATNAM

Citation

WA-22NCvC-72-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-72-02/2020 (Mahkamah Tinggi)

Court found Plaintiff had annexed approvals to the DA and did not misrepresent; Defendants bore responsibility to verify approvals. The LOU constituted an admission and confirmed time remained of the essence; Defendants breached the LOU and DA by failing to complete and failing to pay. Therefore Plaintiff was entitled to damages for late completion and Defendants' counterclaim was dismissed.