21 Jan 2020
AIM EDITION SDN BHD (NO. SYARIKAT 278567-V) AMBANK (M) BERHAD (NO. SYARIKAT: 8515-D)
- Citation
- B-02(NCVC)(W)-2612-12/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- B-02(NCVC)(W)-2612-12/2018 (Mahkamah Rayuan)
The Court held there was a concluded contract between the appellant and the chargee bank because the order for sale and conditions of sale constitute the sale agreement in a forced sale; the Proclamation of Sale expressly stated the land area (94.76 ha) which was an express contractual term; unchallenged evidence established a shortfall of 12.7655 ha and quantified loss; Clause 23 and the 'as‑is‑where‑is' principle and caveat emptor did not bar relief where there was an express contractual representation and statutory protection under NLC s269(3); appellant entitled to damages computed pro ra…