Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Non-delivery of vacant possession

Legal area

Court

Leong vs Sentul Murni Sdn Bhd

Citation

Leong vs Sentul Murni Sdn Bhd
Court

Malaysian court

Plaintiff entitled to rescind and to restitution (refund RM44,910 with 8% p.a. interest) and may claim contractual liquidated damages, but the contractual formulas for delay are subject to s.75 Contracts Act 1950; the quantum must be assessed by the court (here by the senior assistant registrar) as reasonable compensation not exceeding the contractual sums, with interest at 8% p.a. on the assessed amount from date of filing until settlement.
HARIRAM JAYARAM

Citation

HARIRAM JAYARAM
Court

Malaysian court

The Housing Developers Act and its standard Schedule H sale and purchase agreements are specific statutory provisions that govern the rights of house purchasers and therefore displace the general provisions of the Contracts Act 1950; because the plaintiffs did not indicate the contract was voidable at the original completion date there was no application of s.56(3), and the clear unambiguous terms of the standard agreement entitled purchasers to sue for liquidated ascertained damages without rescinding.