MUHAMMAD ASRAR BIN ABDUL SAMAD v 1. ) AMALINA BINTI MOHAMMAD SANI 2. ) MOHAMMAD SANI BIN ABDULLAH
Catchwords
Practice and Procedure – Judgment in default of appearance – Scope of Order 13 – Distinction between liquidated demands and claims for declaratory, equitable and restitutionary relief – Whether default of appearance entitles plaintiff to judgment as of right – Rules of Court 2012, O 13 rr 1, 6. Practice and Procedure – Judgment in default of appearance – Order 13 r 6 – Claim not falling within categories of liquidated demand, unliquidated damages, detinue or possession of immovable property – Declaratory relief – Rescission of contract – Restitution – Vesting order – Specific performance – Whether action must proceed to formal proof notwithstanding defendant’s failure to enter appearance – Rules of Court 2012, O 13 r 6. Specific Relief – Declaration – Declaratory judgment – Discretionary remedy – Whether declaration may be granted solely by reason of defendant’s default of appearance – Necessity for court to be independently satisfied on merits – Specific Relief Act 1950, s 41. Specific Relief – Specific performance – Vesting order – Land transaction – Allegation that property sold straddled two separate lots – Claim for transfer of adjoining lot not expressly conveyed under sale and purchase agreement – Whether relief capable of being granted on default judgment – Specific Relief Act 1950, s 21. Contract – Misrepresentation – Fraud – Sale and purchase of land – Allegation that vendor represented bungalow stood wholly on land conveyed – Purchaser subsequently discovering structure straddled adjoining lot retained by vendor – Whether allegations of fraud and misrepresentation required proof notwithstanding defendant’s default – Evidence Act 1950. Contract – Agreed damages – Liquidated damages clause – Default judgment – Whether agreed damages recoverable as liquidated demand – Discrepancy between pleaded amount and amount claimed in prayer – Requirement that stipulated sum constitute reasonable compensation – Contracts Act 1950, s 75. Contract – Rescission – Restitution – Recovery of purchase price – Re-conveyance of land – Claim for agreed damages in addition to restitutionary relief – Whether claim raised issue of double recovery – Contracts Act 1950, ss 65, 66. Land Law – Sale and purchase agreement – Bungalow constructed across two adjoining parcels – One parcel transferred to purchaser and adjoining parcel retained by vendor – Alternative claim for declaration of entitlement and vesting order – Whether claim required formal proof. Practice and Procedure – Liquidated demand – Arrears of rent – Fixed monthly rent under written tenancy agreement – Whether claim constituted liquidated demand permitting final judgment in default of appearance – Rules of Court 2012, O 13 r 1. Practice and Procedure – Service – Judgment in default of appearance – Certificate of non-appearance – Discrepancy between service date stated in affidavit of service and certificate of non-appearance – Whether clarification required before record closed – Rules of Court 2012, O 13 r 7. Interest – Pre-judgment interest – Post-judgment interest – Claim for interest at 8% per annum – Whether recoverable as of right – Appropriate rate of interest – Civil Law Act 1956, s 11 – Rules of Court 2012, O 42 r 12.
Practice Areas
Judges (1)
Judgment
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