PALMERSTON HOLDINGS SDN BHD V CHONG SIEW ENG
- Citation
- PALMERSTON HOLDINGS SDN BHD V CHONG SIEW ENG
- Court
- Malaysian court
The SPA did not grant the vendor a right to a decree of specific performance; therefore plaintiff cannot obtain specific performance. Because defendant defaulted in payments, the vendor validly annulled the SPA under clause 9(1)(a) and is entitled to apply the clause 9 distribution (including 20% forfeiture where instalments paid exceed 50% of purchase price); defendant's counterclaim was not time-barred as it was filed after plaintiff's final demand in June 2002 and within limitation periods.