KEMAYAN ENGINEERING (SEA) PTE LTD V. SUNYAP DEVELOPMENT SDN BHD
- Citation
- KEMAYAN ENGINEERING (SEA) PTE LTD V. SUNYAP DEVELOPMENT SDN BHD
- Court
- Malaysian court
Clause 6(9) was not procured by morally reprehensible conduct and is not unconscionable per se given the plaintiff was a commercial purchaser who freely entered the contract; however, because the developer failed to show steps taken to procure strata titles and had delayed issuance for over ten years, it would be unjust to allow enforcement of the RM10,000 administrative charge for an indefinite period; plaintiff is therefore liable only for actual costs and expenses incidental to the transfer and endorsement.