AW YONG WAI CHOO & ORS. V. ARIEF TRADING SDN. BHD. & ANOR.
- Citation
- AW YONG WAI CHOO & ORS. V. ARIEF TRADING SDN. BHD. & ANOR.
- Court
- Malaysian court
On the balance of probabilities the written P4 and the parties' subsequent conduct established a limited partnership between the corporation and the developer for the housing development; P1 agreements were enforceable despite r.11(1) by Federal Court precedent; specific performance of the purchase agreements was ordered against both defendants; however, because the corporation later completed the houses to superior specifications and benefited plaintiffs, the court excused the corporation from liability for liquidated damages for late delivery, awarding such indemnity only against the develo…