Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Specific performance/transfer of property

Legal area

Court

13 Dec 2021

BATHAMANI A/L SUPPIAH [IC NO: 571023-08-5350] GANNANAN A/P BANGARU [IC NO: 580820-08-5868]

Citation

AA-22NCvC-15-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-15-02/2021 (Mahkamah Tinggi)

The Court, exercising its discretion under Order 34 ROC and the unless order of 9 November 2021, struck out the Defendant's defence and counterclaim for failure to comply with pre‑trial directions after express notice and ordered transfer of the property to the Plaintiff with costs, because the Plaintiff had complied and the Defendant did not meet the mandatory pre‑trial requirements.
13 Jan 2021

LOW KEE KIAN & 5 ORS CHU SAU BEN & 3 ORS

Citation

WA-22NCC-448-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-448-10/2018 (Mahkamah Tinggi)

The court accepted the Plaintiffs' consistent oral evidence that the 1st Defendant, with ostensible authority, offered SGD5,000,000 for the shares and Plaintiffs accepted and performed by transferring shares to D3; Defendants failed to rebut and produced no evidence after electing no case to answer; therefore Defendants breached the agreement, hold the shares on trust for Plaintiffs and must transfer the shares back to Plaintiffs (alternative monetary claim dismissed).