Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Contracts act s71

Legal area

Court

23 Oct 2023

1. ) GREENCHAIN HARVEST SDN BHD 2. ) LIAU THENG HOOI NCT UNITED DEVELOPMENT SENDIRIAN BERHAD

Citation

BA-24NCvC-1329-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1329-08/2022 (Mahkamah Tinggi)

The court held that the Plaintiffs became legal and beneficial owners on completion of payment and by virtue of absolute Deeds of Assignment executed by Public Bank Berhad after auction; the sanctioned Scheme did not include Phase 1 and therefore the three units are sold and redeemed and not "unsold and unredeemed" under the Scheme; the Defendant's counterclaim failed because there was no evidence of rehabilitation works to those three units to justify recovery under s71.
29 Sept 2021

UNI CONSTRUCTION & REALTY SDN BHD 1. ) TERSAIM LALL 2. ) ANDREW LALL 3. ) KAREAN LALL 4. ) INTERNATIONAL CONSTRUCTION & CIVIL ENGINEERING SDN BHD

Citation

WA-22NCVC-474-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-474-08/2020 (Mahkamah Tinggi)

Plaintiff entitled to restitution under section 71 Contracts Act for unjust enrichment caused by its funding of rehabilitation; unjust enrichment measured by actual construction cost attributable to the property (RM694,472.70); res judicata and limitation defences rejected because the cause of action arose on the High Court decision and interlocutory striking out was not a final bar; plaintiff has locus standi; pre-judgment interest denied and interest to run from date of judgment.