Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Readiness and willingness to perform

Legal area

Court

31 Oct 2025

Revolusi Rancak Sdn Bhd Bukit Melita Sdn Bhd

Citation

WA-22NCvC-275-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-275-04/2021 (Mahkamah Tinggi)

Plaintiff was not continuously ready and willing to perform; the Consent Order did not vary the SPA’s contractual sequence; plaintiff failed to prove loss of profits or unjust enrichment because the SPA remained operative and evidential proof was speculative; defendant entitled to contractual interest at 8% p.a. for late payment but only up to the effective date of the Consent Order; plaintiff's claim dismissed and defendant's counterclaim allowed in part with costs RM10,000.
LAI MEW SENG V. COSMOPAC SDN BHD

Citation

LAI MEW SENG V. COSMOPAC SDN BHD
Court

Malaysian court

The booking proforma signed by the plaintiff and defendant, read with pleadings and correspondence, constituted a binding and sufficiently certain contract for sale of a shophouse at RM150,000; the reference to an "option document" was a mere formality and not a condition preventing formation; the plaintiff proved continuous readiness and willingness and the defendant, having caused delay, could not rely on the unmet procedural step; specific performance was therefore appropriate.