GAN HWA KIAN & ANOR v. SHENCOURT SDN BHD
- Citation
- GAN HWA KIAN & ANOR v. SHENCOURT SDN BHD
- Court
- Malaysian court
Time was expressly of the essence; defendant failed to deliver vacant possession by the contractual date so plaintiffs validly elected to rescind under s.56(1) and s.76 Contracts Act; plaintiffs were entitled to refund of monies paid, damages for delay and reimbursement of interest and insurance premium because those losses were within the reasonable contemplation of the defendant and Malayan Banking Berhad had consented to the plaintiffs proceeding; plaintiffs’ claim for liquidated damages did not waive right to rescind.