Malaysia Case Law: Decisions & Judgments

OIB PROPERTIES (PRV) SDN BHD 1. ) SURAYA BINTI MOHAMAD NADZIR 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

Citation

BA-25-12-02/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-25-12-02/2024 (Mahkamah Tinggi)

The High Court allowed the judicial review because the Tribunal's decision involved a legal error in its treatment of the contractual documents and title evidence regarding the property's area; the Tribunal's reasoning under clause 14 and reliance on the documents as interpreted resulted in an unsustainable conclusion and the award was quashed.

29 Nov 2019

1. KUCHAI ESTATES SDN. BHD 2. DATO’ TAN KIM LEONG 3. DATIN HIEW AH LAN PRESTIGE ALLOY SDN. BHD.

Citation: W-02(NCVC)(W) 1283-07/2016 (Mahkamah Rayuan)
Court: NCVC
Case number: W-02(NCVC)(W) 1283-07/2016 (Mahkamah Rayuan)

The Court held the actual land area is 7177.50 m2 based on the approved survey plan and final title which are conclusive under NLC s396(2); Clause 20 adjustment did not apply because parties and supplementary agreements arose from a mutual misapprehension of computerized versus original qualified title; there was insufficient proof of fraud or conspiracy to justify piercing the corporate veil; the plaintiff was not entitled to the damages awarded; the 1st Defendant’s counterclaim to terminate was dismissed because the plaintiff acted in good faith, had paid deposit and D1 had encumbered the l…