Malaysia Case Law

22 Feb 2022

PDI Design & Associates Sitrac Corporation Sdn Bhd

Citation

C-02(NCvC)(W)-178-01/2020 (Mahkamah Rayuan)

Court

NCvC

Case number

C-02(NCvC)(W)-178-01/2020 (Mahkamah Rayuan)

The SPA and Deed of Covenant were valid and binding; evidence (public booking platforms, invoices with service/tourism charges, public promotions, testimony of unrelated tenants and scale of guests) established that the defendant conducted commercial hospitality inconsistent with the agricultural residential uses permitted by s115 NLC and the DOC; plaintiff met requirements for injunctive relief under equitable principles but failed to prove quantifiable loss for damages, therefore damages paragraphs in the High Court order were set aside while the remaining orders and injunctions were affirm…

• Restrictive covenants
• Deed of covenant
• Specific performance
• Injunction
• National land code s115
• Commercial use vs agricultural restriction

BIJAK UTAMA SDN BHD V. ADWIN SDN BHD

Citation

BIJAK UTAMA SDN BHD V. ADWIN SDN BHD

Court

Malaysian court

The floor plans annexed to the sale agreements show the entrance lobbies are not within the parcels and therefore form common property; affixing metal gates on that common property breached clauses 3(i) and 9(8) of the Deed of Mutual Covenants; no substantive defence remained on those facts so an Order 14 summary declaratory judgment and mandatory injunction were properly granted; the Deed was valid with consideration in the mutual covenants.

• Restrictive covenants
• Common property
• Deed of mutual covenants
• Declaration
• Mandatory injunction
• Summary judgment