Malaysia Case Law: Decisions & Judgments

Topic

Sale and purchase agreement (spa) interpretation

Legal area

Court

3 Dec 2025

UTUH SEJAGAT SDN BHD VALERIE KHO IK LEE

Citation

BA-12BNCvC-81-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-81-12/2024 (Mahkamah Tinggi)

The First Schedule (including the Accessory Parcel Plan), Clause 35(a) and the Sixth Schedule formed integral, binding parts of the SPA and plainly designated the car park locations in the podium serving Blocks A and B; allocating the car park in Block C was a breach of the express terms of the SPA; the defendant failed to prove impossibility of specific performance and the presumption in favour of specific performance for land-related obligations was not rebutted; therefore specific performance to reallocate the car park must be ordered and the appeal dismissed with costs.
6 Sept 2023

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA

Citation

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)

Preambles and the Site/Layout/Delineation plans incorporated into the SPAs (read with clause 34) constituted contractual promises that the Master Land would be developed strictly as a housing/residential development of 110 units; D3, by using its branding and promotional materials, made representations binding on it as collateral warranty/estoppel and plaintiffs relied on those representations; defendants were restrained by declaration and injunction from proceeding with the Phase 2 commercial conversion; there was no breach by defendants regarding a central refuse chamber as a constructed co…

Malaysia Case Law

UTUH SEJAGAT SDN BHD VALERIE KHO IK LEE

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA