1 Mar 2023
1. ) WONG YONG FOOK 2. ) WONG HONG HWA COUNTRY GARDEN PACIFICVIEW SDN. BHD.
- Citation
- JA-12ANCvC-60-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12ANCvC-60-06/2022 (Mahkamah Tinggi)
The appeals were dismissed because the court found that the defendants' payment plus an automatic promotional rebate exceeded 10% of the purchase price so the core allegation of taking less than 10% was misconceived; moreover even if there was a technical contravention of the HDR, established authorities hold that such contraventions do not automatically void a contract and do not preclude specific performance; consequently the defendants failed to show the plaintiff's claim was plainly and obviously unsustainable or that triable issues existed, and the counterclaim was not maintainable.