ENG HAN PROPERTY SDN BHD v SALAMON RAJ A/L ADAICKALAM
ba-24ncvc-1821-08-2024 High Court (Mahkamah Tinggi) 2 January 2025 • BA-24NCvC-1821-08/2024 • 17 min read
9 cases cited
(0 SG, 9 foreign)
Catchwords
A Sale and Purchase Agreement (SPA) was executed between the Plaintiff (as the Developer) and the Proprietor of the Land (who is not a party to this Suit), as the vendor, on one side, and the Defendant, as the purchaser, on the other. The Defendant required financing to purchase the property, and Public Bank Berhad issued a Letter of Undertaking (subject to certain conditions) to the Plaintiff. As is customary in SPAs between developers and purchasers, the title was transferred to the purchaser to enable the purchaser to charge the land to a financial institution. However, Public Bank Berhad later withdrew the Letter of Undertaking it had issued, leading the Plaintiff to terminate the SPA with the Defendant. Unlike typical cases in land transactions that involve a fraudster or wrongdoer, it appears that none of the parties here have committed any serious transgressions. The overriding issue in the present matter is whether the Defendant (as the purchaser) has breached the SPA and thereby entitling the Plaintiff (as the vendor) to terminate the SPA. In the event that the answer to the question canvassed above is in the affirmative, the ensuing issue is whether the Plaintiff is entitled for the consequential orders as prayed in the Originating Summons.
Judges (1)
Counsel (4)
Case Significance
ENG HAN PROPERTY SDN BHD v SALAMON RAJ A/L ADAICKALAM is a High Court (Mahkamah Tinggi) decision dated January 2, 2025 (citation: ba-24ncvc-1821-08-2024). The case was decided by Choong Yeow Choy.
Key issues: The overriding issue in the present matter is whether the Defendant (as the purchaser) has breached the SPA and thereby entitling the Plaintiff (as the vendor) to terminate the SPA..
What was the outcome of ENG HAN PROPERTY SDN BHD v SALAMON RAJ A/L ADAICKALAM?
ENG HAN PROPERTY SDN BHD v SALAMON RAJ A/L ADAICKALAM is a High Court decision dated January 2, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
Contracts Act 1950 (Cap 136)
s 56(1) s 74
Cases Cited (9)
MY (9)
[1996] 3 MLJ 675 [1997] 1 AMR 89 [1997] 1 CLJ 287 [2012] 1 CLJ 724 [2012] 2 MLJ 569 [2013] 6 MLJ 836 [2013] 7 CLJ 969 [2017] 1 CLJ 588 [2017] 10 MLJ 648
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-24ncvc-1821-08-2024)