Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Conditional sale agreement

Legal area

Court

17 May 2022

TNO MOLECQ (SA) SDN BHD 1. ) TANJONG WAHYU SDN BHD 2. ) PERBADANAN KEMAJUAN NEGERI SELANGOR

Citation

BA-22NCvC-55-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-55-01/2022 (Mahkamah Tinggi)

The interlocutory injunction application was dismissed because although there were bona fide issues to be tried, damages were an adequate remedy, the balance of convenience did not favor the plaintiff given the seller had returned the deposit and would suffer prejudice, and the plaintiff’s conduct (refusal to accept refund and lodging a caveat) did not justify equitable injunctive relief pending trial.
22 Mar 2019

1. TAN YOKE MEE 2. TAN YET CHIN TAJUDIN BIN IBRAHIM & 5 LAGI

Citation

W-01-(NCVC)(W)-462-07/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

W-01-(NCVC)(W)-462-07/2018 (Mahkamah Rayuan)

The Court held the SPA was valid and not void for uncertainty because the subject property was identifiable despite clerical misdescriptions; the plaintiffs had waived any condition precedent by full payment; strata title registered in the 1st respondent's name was held by him as bare trustee for the plaintiffs; accordingly declarations and a mandatory order to vest title in the plaintiffs were granted; the negligence claim against the solicitors failed on the evidence and pleading and was dismissed.