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Land Law (late delivery of vacant possession); Companies Law (restraining Order): Case Update

Araprop Development Sdn Bhd v Leong Chee Kong & Anor [2008] 1 AMR 373 [COA]

Where there is late delivery of vacant possession of property, a purchaser has the right to either to terminate the sale and purchase agreement or to sue for late delivery damages. A purchaser cannot terminate the sale and purchase agreement and claim damages for late delivery.

Kaseh Lebuhraya Sdn Bhd v Azam Development & Construction Sdn Bhd [2008] 1 AMR 454 [HC]

There is a duty on the applicant under Section 176 of the Companies Act, 1965 to disclose all material facts in clear and precise terms which may have a bearing on the decision of the court as to whether or not to grant a restraining order in the first place.

Yeow Khoon Kwong v Seng Jong Sdn Bhd [2008] 1 AMR 460 [HC]

A consent judgment is final unless amended by consent of both parties.

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