4 Jul 2025
VILA MEKAR SDN. BHD. WONG YIE DEE
- Citation
- Q-02(NCvC)(W)-104-01/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-02(NCvC)(W)-104-01/2022 (Mahkamah Rayuan)
The Court allowed the appeal, holding that the respondent had acquiesced to initial delay but subsequently breached the SPA and terminated the essential BPP loan, thereby rendering specific performance inequitable; the High Court erred in deciding an unpleaded assignment issue and in failing to apply estoppel and draw adverse inference under s114(g); the respondent's caveat was to be removed and the High Court orders set aside.