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Malaysia Case Law

Restitution under s.71 contracts act
  • 7 Jul 2022

    SL AQUA BUILDING SDN. BHD. ISMAIL BIN ABU HASSAN

    Citation
    AA-22NCvC-79-09/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-22NCvC-79-09/2019 (Mahkamah Tinggi)

    The revocation of the Power of Attorney was valid because it was signed by two authorised directors in compliance with Companies Act s66 and there was insufficient evidence of duress; the Plaintiff materially breached the SPA by failing to pay the balance within the contractual period (time was of the essence), entitling the Defendant to lawfully terminate and forfeit the deposit; nonetheless the Plaintiff proved part benefits conferred and is entitled to restitution/compensation under s.71, resulting in an award totalling RM243,423.30 to the Plaintiff.