(2024) All Malaysia Reports (AMR) - Week 39
Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd (and 4 Other Appeals) [2024] 6 AMR 813, FC
Housing development – Contract of sale – Modification of terms – Extension of time for delivery of vacant possession granted prior to execution of sale and purchase agreements ("SPAs") – Claims of liquidated ascertained damages ("LAD") by house buyers against developer – Whether Ang Ming Lee & 34 Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor (and 5 Other Appeals) [2019] 8 AMR 297 ("Ang Ming Lee") applied prospectively or retrospectively – Whether cause of action accrued from decision of Ang Ming Lee or date of SPAs – Whether "second actor" theory as endorsed in R (Majera) v Secretary of State for the House Department [2022] AC 461 applicable – Whether allowing LAD claims would result in unjust enrichment – Whether appellate intervention warranted – Housing Development (Control and Licensing) Act 1966, s 24 – Housing Development (Control and Licensing) Regulations 1989, reg 11(3), Schedule H – Limitation Act 1953, s 6(1) – Rules of Court 2012, Order 14A
Bagan Masyhur Sdn Bhd & 3 Ors v Public Bank Berhad [2024] 6 AMR 886, HC
Civil procedure – Disposal of case on point of law – Application for – Suit for specific performance and damages filed by customer against bank in relation to settlement agreement – Whether agreement breached and by whom – Whether bank was unjustly enriched – Whether agreement could be specifically enforced – Whether suit could be determined without trial – Rules of Court 2012, Order 14A
Mforce Bike Holdings Sdn Bhd v Honda Giken Kogyo Kabushiki Kaisha (also known as Honda Motor Co Ltd) [2024] 6 AMR 896, HC
Civil procedure – Striking out – Statement of claim – Application to expunge or strike out letter exhibited in affidavit and paragraphs referring thereto for being "without prejudice communication" – Whether said letter was "without prejudice" communication – Whether genuine "without prejudice communications" are inadmissible as evidence of oral or written negotiations attempted – Whether letter and its contents ought to be expunged – Rules of Court 2012, Order 41 r 6
Png Sock Hong v Chan Cheng Leong [2024] 6 AMR 905, HC
Civil procedure – Pleadings – Rejoinder – Leave of court – Court dismissed application to amend defence and add counterclaim filed after exchange of documents – Application to file rejoinder allowed, prompting appeal by plaintiff – Whether plaintiff introduced new issues in her reply which necessitated rejoinder – Whether rejoinder application belated – Whether leave to file rejoinder ought to be dismissed – Whether appellate intervention warranted – Rules of Court 2012, Order 18 r 7(1)