Malaysia Case Law: Decisions & Judgments

Topic

Subject to contract clause

Legal area

Court

2 May 2024

RHB TRUSTEES BERHAD SEBAGAI PEMEGANG AMANAH AXIS REAL ESTATE INVESTMENT TRUST ALWAYS AHEAD (M) SDN BHD

Citation

WA-24NCC-715-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-715-12/2023 (Mahkamah Tinggi)

The Letter of Offer accepted by the Respondent together with unequivocal acts of part performance (deposit payment, due diligence, approvals, finalised drafts and Applicant's execution) constituted a concluded binding contract despite the "Subject to Contract" notation; Axis REIT Managers acted as agent so Applicant had locus; KL High Court had jurisdiction; specific performance was appropriate and is granted to compel execution of the agreed agreements, with the Deputy Registrar authorized to sign if parties fail to do so within 30 days; costs RM15,000 awarded to Applicant.
12 Aug 2022

VIJAYAN A/L S. CHINNASAMI 1. ) ADVANCED OPTRONICS DEVICES (ASIA) CO. LIMITED 2. ) LU, BRIAN LONG 3. ) GENTRY LOH GUO XIONG 4. ) MESSRS FRANK CH'NG 5. ) YUNG SIEW PENG 6. ) CHAY YIN HO 7. ) MOHD HAZMIL BIN ABU BAKAR 8. ) ADVANCED OPTRONIC DE

Citation

WA-22NCC-146-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-146-03/2020 (Mahkamah Tinggi)

The MOU was not a binding contract because it expressly provided it was 'subject to contract' and the parties intended no binding agreement until a formal contract was executed; the SSA was never accepted or signed by AODA and there was no conduct amounting to election to be bound; the shares were transferred pursuant to a separate settlement arrangement (NEC Settlement) and related resignations and appointments, not under the MOU/SSA; the solicitor acted for AODA only and owed no actionable duties to the plaintiff; accordingly all claims by the plaintiff and the counterclaim were dismissed.

Malaysia Case Law

RHB TRUSTEES BERHAD SEBAGAI PEMEGANG AMANAH AXIS REAL ESTATE INVESTMENT TRUST ALWAYS AHEAD (M) SDN BHD

VIJAYAN A/L S. CHINNASAMI 1. ) ADVANCED OPTRONICS DEVICES (ASIA) CO. LIMITED 2. ) LU, BRIAN LONG 3. ) GENTRY LOH GUO XIONG 4. ) MESSRS FRANK CH'NG 5. ) YUNG SIEW PENG 6. ) CHAY YIN HO 7. ) MOHD HAZMIL BIN ABU BAKAR 8. ) ADVANCED OPTRONIC DE