Malaysia Case Law

28 Sept 2020

1. JAKS RESOURCES BERHAD 2. JAKS ISLAND CIRCLE SDN BHD STAR MEDIA GROUP BERHAD

Citation

WA-22NCVC-374-05/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCVC-374-05/2019 (Mahkamah Tinggi)

Because the pleadings disclose material disputed facts that were not and could not be fully adjudicated in the earlier originating summons proceedings, the prior decisions did not finally determine the issues for purposes of res judicata or estoppel; consequently the Defendant's application to strike out or summarily determine the Plaintiffs' claim was dismissed and the matter must proceed to full trial so final adjudication can be reached.

• Order 14a rules of court 2012
• Order 18 rule 19
• Originating summons
• Bank guarantee
• Completion date
• Res judicata

7 Aug 2020

Jaks Resources Berhad Star Media Group Berhad

Citation

WA-22NCVC-258-04/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCVC-258-04/2019 (Mahkamah Tinggi)

The court held JRB, as privy to JIC, is barred by res judicata and issue estoppel from re-litigating the alleged new completion date and variations decided against JIC in prior proceedings; Clause 16.4's deeming of completion upon CCC is a rebuttable presumption which on the facts is rebutted because the issued document of title has not been transferred, so the Vendor's Entitlement was not completed; there is no contractual obligation to provide the full set of construction drawings beyond the documents specified in the SPA; the defects liability period commenced on 6.7.2020; accordingly mate…

• Res judicata
• Issue estoppel
• Bank guarantee enforcement
• Contract interpretation
• Deeming provisions
• Completion date

13 Jan 2020

KL ECO CITY SDN BHD (No. Syarikat: 1855140-X) KHONG SHAD FOON (No. K/P: 711104-08-5530)

Citation

WA-11ANCVC-117-07/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-11ANCVC-117-07/2019 (Mahkamah Tinggi)

The High Court allowed the appellant's appeal, holding that the statutory Schedule H SPA governs and the completion/delivery period runs from the SPA date (18.4.2013); therefore LAD does not accrue from the booking fee date and there was no proven developer delay — Magistrate's decision was set aside and costs awarded to the appellant.

• Liquidated ascertained damages
• Interpretation of statutory sale and purchase agreement (schedule h)
• Delivery of vacant possession
• Completion date
• Booking fee dispute

LIM YOH V. ASTANA STRATEGI (M) SDN BHD & ANOR

Citation

LIM YOH V. ASTANA STRATEGI (M) SDN BHD & ANOR

Court

Malaysian court

The court held that the completion date remained 19 May 1996 despite being a Sunday because performance did not require the cooperation of an external public office and the plaintiff had instructed her solicitors to receive payment on that date; the solicitors acted as the plaintiff's agents and their office being closed constituted the plaintiff's default; the plaintiff's conduct (late reply and refusal) meant time ceased to be of the essence and the termination notice was invalid; defendants remained ready and willing so plaintiff's claim was dismissed and the court ordered the first defend…

• Time of the essence
• Completion date
• Public holiday/sunday computation of time
• Termination and forfeiture
• Specific performance
• Agency and vicarious performance