Malaysia Case Law: Decisions & Judgments

Topic

Delivery of vacant possession

Legal area

Court

18 Jun 2025

Greenclipper Corporation Sdn Bhd Regal Enterprise Sdn Bhd

Citation

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)

On the evidence and the clear written Tenancy Agreement the defendant breached contractual obligations by non-payment of rent and sewerage charges, there was no valid renewal after 31.12.2020, the defendant held over after proper notice and plaintiff lawfully exercised statutory option to claim double rent; the defendant failed to prove tenancy coupled with equity or entitlement to the equitable reliefs claimed, therefore plaintiff's claim succeeds and defendant's counterclaim fails.
18 Jun 2025

Greenclipper Corporation Sdn Bhd Regal Enterprise Sdn Bhd

Citation

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)

Defendant breached the express Tenancy Agreement by failing to pay rent from January 2021 and by failing to pay sewerage charges; there was no valid renewal after 31.12.2020 so no tenancy coupled with equity; Plaintiff validly terminated tenancy and, having given notice to quit which Defendant ignored, is entitled to delivery of vacant possession and to charge double rent from December 2021 until delivery; Defendant's counterclaim for relief against forfeiture, extension and renovation costs fails and is dismissed.
25 Mar 2025

WONG MAN FAI FRANKIE 1. ) TSENG FREYA HEMMON FAN YEA 2. ) FOREBASE PROPERTY SDN BHD PENCELAH HONG LEONG BANK BERHAD

Citation

WA-24NCC-321-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-321-07/2024 (Mahkamah Tinggi)

The court found material change of circumstances (issuance of CCC, KPKT approval and continuing LAD accrual) and that the injunctions were causing undue hardship and operational paralysis; on balance of convenience the injunctions should be varied to allow the plaintiff to perform narrowly defined operational acts (statutory submissions, HDA claims, loan matters, appoint solicitors and auditors, issue valuation certification subject to independent review, and arrange use of funds to settle debts) with specified safeguards and reporting, because these steps protect the company and creditors an…
4 Apr 2024

XTREME MERIDIAN SDN BHD 1. ) NAGARAJAN A/L SUPRAMANIAM 2. ) NAGAPANJAMI A/P NAGIAH

Citation

WA-12BNCvC-111-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-111-08/2023 (Mahkamah Tinggi)

Non-compliance with the mandatory requirement of Order 55 Rule 4(1) ROC 2012 by failing to include the Memorandum of Appeal in the Record of Appeal rendered the appeal defective and incompetent; the 145-day delay due to solicitors' oversight did not provide a reasonable explanation to justify an extension of time, therefore the extension was refused and the respondents' strike-out succeeded.
30 Jan 2024

DSS Auto Accessories Sdn Bhd Mah Sing Properties Sdn Bhd

Citation

WA-B52NCvC-52-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-52-02/2021 (Mahkamah Sesyen)

Defendant failed to discharge burden to prove TNB's administrative procedures and nationwide shortage of materials amounted to force majeure under the SPA; architects' contemporaneous opinion did not sufficiently establish force majeure and later architect letters were treated as afterthoughts; consequently engineer-issued extensions lacking valid architect confirmation were ineffective and plaintiffs were entitled to LAD calculated from the contract (agreement) dates; defendant's counterclaim for unpaid maintenance proved and allowed and may be set off against LAD awards.
30 Jan 2024

Master Sofa Industries Sdn Bhd Mah Sing Properties Sdn Bhd

Citation

WA-B52NCvC-77-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-77-02/2021 (Mahkamah Sesyen)

On the balance of probabilities Defendant failed to prove that TNB's asserted "administrative procedures" and "nationwide shortage of materials" constituted force majeure under the SPA; architect opinions relied upon were insufficient or retrospective; extensions issued by engineers lacked the required architect foundation for force majeure and thus were invalid, entitling Plaintiffs to liquidated damages calculated from the agreement dates; Defendant's counterclaim for unpaid charges was established and may be set off against LAD.
11 Sept 2023

EKAR LEGA SDN BHD CENTRAL SPECTRUM (M) SDN BHD

Citation

BA-22NCvC-175-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-175-04/2022 (Mahkamah Tinggi)

Application for summary judgment under Order 14A is dismissed because the clauses relied upon, when read together, raise factual issues (completion certification, takeover by authorities, deemed delivery) that cannot be resolved on document construction alone and require witnesses and extrinsic evidence; therefore the matter is not suitable for final determination under Order 14A.
25 Aug 2023

IDEAL PRINCIPLES SDN BHD CENTRAL SPECTRUM (M) SDN BHD

Citation

BA-22NCvC-176-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-176-04/2022 (Mahkamah Tinggi)

On undisputed documents and pleadings the SPA obligated the vendor to provide the basic infrastructure including water reticulation mains to the vicinity of the Lots and to deliver vacant possession upon completion; the vendor failed to complete and obtain statutory handover/acceptance such that permanent water supply was not available as pleaded; material facts were sufficiently undisputed to permit disposal under Order 14A; therefore the vendor breached Clauses 10 and 13 and is liable to liquidated damages calculated per the SPA formula and interest and costs as awarded.
19 Jun 2023

1. ) LEE KEOW CHUANG 2. ) CHU LAI FONG AQRS THE BUILDING COMPANY SDN BHD

Citation

JA-12BNCvC-14-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-14-07/2022 (Mahkamah Tinggi)

The SPA was void ab initio for illegality because its terms contracted outside Schedule H of the Housing Development (Control and Licensing) Regulations 1989, and the Housing Controller has no power to waive or modify Schedule H; accordingly the appeal is allowed and the parties must be restored to their pre-contract positions.
6 Dec 2022

CHUNG HON CHEONG VENUS ASSETS SDN BHD

Citation

WA-22NCvC-120-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-120-02/2020 (Mahkamah Tinggi)

Bound by Federal Court authority, the Court held that in absence of a Gazette exemption any extension is unlawful, delay is calculated from booking date, and Plaintiff is entitled to penalty and costs.