Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Time for delivery

  • 23 Jun 2025

    UPAYA HARAPAN SDN BHD MALAYA MUSHROOM SDN BHD

    Citation
    WA-A72NCvC-2646-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-2646-06/2024 (Mahkamah Majistret)

    The RM40,000 was a deposit properly forfeitable because the contractual documents so described it, the Defendant had commenced performance and was only slightly delayed, and the Plaintiff unilaterally cancelled without notice; forfeiture was reasonable under s75. The Defendant's counterclaim for the remaining RM40,000 failed because the balance was payable only upon delivery (which did not occur) and the Defendant did not prove any loss with documentary evidence.

  • 30 Aug 2024

    IVORIA DEVELOPMENT SDN BHD Liow Wei Tung

    Citation
    NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)

    The High Court affirmed the Sessions Court: the statutory sale and purchase agreement under Schedule G/HDA made time for delivery essential; delivery due 14.8.2019 occurred on 24.3.2023 so plaintiff entitled to liquidated damages of RM285,049.68; COVID‑19 exclusion s.35 did not apply because the contractual delivery date predated the exclusion period; the defendant’s factual excuses did not raise a triable issue under O.14 r.1; plaintiff had locus standi to sue despite bank charge; therefore defendant had no defence and appeal is dismissed with costs.