Malaysia Case Law

16 Jun 2023

1. ) E Trend Realty Sdn Bhd 2. ) Tan Wei Sim Golden Hope Frozen Food Sdn Bhd

Citation

WA-12ANCvC-90-03/2022 (Mahkamah Tinggi)

Court

High Court

Case number

WA-12ANCvC-90-03/2022 (Mahkamah Tinggi)

The sale and purchase agreements were conditional contracts dependent on authority approval (a condition precedent); because the approval was rejected and the agreements revoked, the agency/professional fees were not due and the appellants were not entitled to retain RM318,000; there were no triable issues to defeat summary judgment, therefore the Session Court's summary judgment is affirmed.

• Conditional contract
• Condition precedent
• Summary judgment
• Estate agency fees
• Deed of revocation

TAN LAY SOON v KAM MAH THEATRE SDN BHD

Citation

TAN LAY SOON v KAM MAH THEATRE SDN BHD

Court

Malaysian court

The letter dated 10 March 1989 contained all essential terms (price, land description, deposit acknowledgment and payment timetable) and therefore constituted a binding and enforceable contract; disagreements over solicitor undertakings and survey/area clauses were not material to vitiate formation; defendant wrongfully refused to execute the formal Sale and Purchase Agreement and specific performance was ordered.

• Specific performance
• Formation of contract
• Sale and purchase of land
• Conditional contract
• Solicitor undertakings/stakeholder