SABNA DEVELOPMENT SDN BHD v HARTA KEMUNCHAK SDN BHD

ba-24ncvc-2245-10-2024 High Court (Mahkamah Tinggi) 22 January 2025 • BA-24NCvC-2245-10/2024 • 7 min read

Catchwords

Sale and Purchase Agreement - Development project – Whether SPA intended that vendor is to grant perpetual Power of Attorney - Supplemental Agreements – Different form of Power of Attorney executed which expired after 30 years – Vendor refused to renew - Plain and ordinary meaning of the SPA - Promissory estoppel or waiver not raised - Variation of the SPA not proved – Parties’ obligations remain - Specific Relief - Exercise of discretion considering affected third-party interests

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (6)

SP Chanra Firm Sanjay Mohan Firm Chanravathane a/p S. Ponnudurai Counsel Defendant Cheryl Leong See Teng Counsel Plaintiff Choon Hon Leong Counsel Plaintiff Teh Yi Huang Counsel Plaintiff

Parties (2)

HARTA KEMUNCHAK Sdn Bhd Respondent SABNA DEVELOPMENT Sdn Bhd Applicant

Case Significance

SABNA DEVELOPMENT SDN BHD v HARTA KEMUNCHAK SDN BHD is a High Court (Mahkamah Tinggi) decision dated January 22, 2025 (citation: ba-24ncvc-2245-10-2024). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of SABNA DEVELOPMENT SDN BHD v HARTA KEMUNCHAK SDN BHD?

SABNA DEVELOPMENT SDN BHD v HARTA KEMUNCHAK SDN BHD is a High Court decision dated January 22, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Specific Relief Act 1950

s 11

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24ncvc-2245-10-2024)