Malaysia Case Law: Decisions & Judgments

Topic

Interpretation of sale and purchase agreement

Legal area

Court

22 Apr 2025

XTREME MERIDIAN SDN BHD 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) Muhammad Hariz Bin Md Azman

Citation

W-01(A)-574-10/2023 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-574-10/2023 (Mahkamah Rayuan)

The Court affirmed the High Court and Tribunal: the Tribunal's Technical Report and evidence supported the factual finding that defects existed; the SPA (contextual reading of '/') required both cabinet and vanity top; the appellant failed to rectify within the contractual 30 days and therefore the purchaser was entitled to carry out works and recover reasonable costs; no error of law, irrationality or procedural impropriety was shown; appeal dismissed.
16 May 2024

GAYATRI A/P PANIRSELVAM TEROKA PELANGI SDN. BHD

Citation

AB-A72NCC-89-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-A72NCC-89-12/2022 (Mahkamah Majistret)

Court found on balance of probabilities that the plaintiff paid RM1,000 booking fee (supported by receipt, solicitor testimony and police report) and applied the Federal Court decision in PJD Regency to hold that LAD runs from the booking fee payment date (18.10.2018). After deducting a 167-day COVID exemption, total delay was 515 days and LAD at 10% p.a. on RM238,000 was calculated as RM33,580.82, which the defendant must pay; claim allowed with costs.
11 Mar 2024

SETIA JUTARIA SDN. BHD. KAMAY FURNITURE SDN. BHD.

Citation

PA-12ANCvC-43-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-43-05/2021 (Mahkamah Tinggi)

The engineer's letter did not expressly certify or approve an extension under the SPA clauses, was not issued or notified in the manner required, and the Appellant failed to raise a fairly arguable defence or any bona fide triable issue; therefore summary judgment awarding LAD was properly entered and the appeal was dismissed.
16 Nov 2022

ZUBICON SDN BHD 1. ) Mohamed Imran Bin J. Abdul Buhari 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

Citation

PA-25-26-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-26-05/2021 (Mahkamah Tinggi)

The High Court allowed the application for certiorari and quashed the Tribunal award because the Tribunal failed to apply clause 30(2) of the Sale and Purchase Agreement which required the purchaser to give the developer the opportunity to carry out repairs within the contractual periods; that failure made the Tribunal's decision irrational and unlawful.
17 Jan 2022

XXXX BUKIT OUG CONDOMINIUM JOINT MANAGEMENT BODY

Citation

W-02(NCvC)(W)-2214-11/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2214-11/2019 (Mahkamah Rayuan)

The SPAs govern ownership; the terms and schedules of the SPAs do not classify the 149 surplus car parks as common property or accessory parcels and in some SPAs expressly reserve car parks to the vendor, therefore the surplus car parks remain the property of the developer (Appellant) and the High Court's finding that they were common property was reversed.
25 Oct 2021

Paramisparan A/L Mariappan 1. ) Talent Team Sdn Bhd 2. ) Tetuan Sidek Teoh Wong & Dennis

Citation

WA-12ANCvC-61-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-61-02/2020 (Mahkamah Tinggi)

Appeal dismissed: RM5,000 was a stakeholder sum held by solicitors and not a booking fee so LAD accrues from the SPA date; the Housing Controller's extensions of time are valid and were not properly challenged in these proceedings (judicial review was the proper mode); consequently no LAD was payable and the 2nd Respondent cannot be compelled to release the stakeholder sum given clause 30(3), s22E HDA and solicitors' fiduciary/statutory duties.
25 Oct 2021

1. ) Tioh Chee Seng 2. ) Hew Fui Li 1. ) Talent Team Sdn Bhd 2. ) Tetuan Sidek Teoh Wong & Dennis

Citation

WA-12BNCvC-34-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-34-03/2020 (Mahkamah Tinggi)

Appeal dismissed: RM5,000 was a stakeholder sum held by solicitors and not a booking fee so LAD is calculated from the date of the SPA (21.10.2015); the Housing Controller validly granted extensions of time which were not properly challengeable in this originating summons and, absent a prior judicial review declaring the EOT invalid, the EOTs stand; solicitors holding stakeholder sums cannot be ordered to release those funds for LAD because clause 30 of the SPA and s22E HDA 1966 prevent such release and would expose solicitors to fiduciary, professional and criminal liability.
22 Oct 2021

Liew Fen Fee 1. ) Talent Team Sdn Bhd 2. ) Tetuan Soh Hayati & Co

Citation

WA-12ANCvC-114-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-114-03/2020 (Mahkamah Tinggi)

The RM5,000 payment was a stakeholder sum held by the developer's solicitors and not a booking fee; therefore LAD is calculated from the SPA signing date (01.07.2016). The Housing Controller validly granted extensions of time which were not properly challengeable in these proceedings; vacant possession was delivered within the approved extension. The 2nd Respondent cannot be ordered to release stakeholder funds because release would violate clause 30 of the SPA and s22E HDA and would expose solicitors to fiduciary, professional and criminal liability. Accordingly the Appellant's claims for LA…
11 Mar 2021

SILVERON BUILDERS SDN BHD (No. Syarikat: 14469-K) 1. NEW CENTURY REALTY SDN BHD (In Liquidation) (No. Syarikat: 14253-P) 2. AD TRAVEL SDN BHD (No. Syarikat: 148525-X) 3. TCY JAYA SDN BHD (No. Syarikat: 446487-H) 4. YHL PROPERTY SDN BHD (No.

Citation

JA-22NCvC-71-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-71-06/2020 (Mahkamah Tinggi)

The Agreements, read as a whole, created only contractual/licence rights without divestment of the vendor's interest because no strata/subsidiary titles were issued and the Agreements preserved the vendor's remedies (including termination and annulment); therefore the Plaintiff was not beneficial owner and its claim against the Third and Fourth Defendants (strangers to the Agreements) failed; the question of law was suitable for determination under Order 14A and the claim was dismissed.
19 Aug 2020

ECO GREEN CITY SDN BHD (NO SYARIKAT: 822302-T) 1. ) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) 2. GOVINDAN KUMAR A/L MUNIANDY (NO K/P: 730319-05-5519)

Citation

BA-25-64-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-64-07/2019 (Mahkamah Tinggi)

Vacant possession was delivered on 15.11.2018 when the Certificate of Completion and Compliance was issued and notified; 'ready for connection' under the SPA is satisfied by installation and commissioning of fittings and availability of supply for tapping, not by the physical installation of an electricity meter and actual connection. Therefore LAD is to be calculated from the contractual completion date 27.10.2018 to 15.11.2018; the Tribunal's finding that delivery occurred on 6.3.2019 was an error of law and is quashed.