Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Housing developers (control & licensing) regulations
  • KC Chan

    Citation
    KC Chan
    Court
    Malaysian court

    High Court has jurisdiction only on questions of law for awards under RM10,000; after scrutiny the court found four issues raising questions of law and decided: failure to give clause 23 notice did not bar common law claims; magistrate validly awarded compensation above initial pleaded limit because limitation was abandoned; statutory sale agreements require approved plans to be annexed and plans are deemed part of the contract (developer cannot benefit from omission); issuance of CFO does not prevent contractual or common law claims for defects. Consequently the 26 appeals were dismissed and…