30 Nov 2020
FABULOUS RANGE SDN BHD HELENA A/P GNANAMUTHU
- Citation
- B-02(NCVC)(W)-828-04/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- B-02(NCVC)(W)-828-04/2017 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal in part because the Respondent affirmed the agreements by taking vacant possession and continuing payments, there was no total failure of consideration and the defects were rectifiable (not fundamental); therefore rescission was not available and it was erroneous to award rescission together with damages. The High Court's rescission was set aside except the award of liquidated ascertained damages of RM62,232.90, and the matter was remitted to the High Court to assess damages only.