LAI HEE SANG vs PUN HAI CHIN - 2016 MarsdenLR 396

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 396

COURT OF APPEAL PUTRAJAYA
LAI HEE SANG – Appellant
Versus
PUN HAI CHIN – Respondent

Table of Content
1. rejection of claims due to statutory restrictions. (Para 1 , 8 , 9)
2. analysis of appellant's pleas for declarations. (Para 2 , 7)
3. consideration of both parties' arguments. (Para 3 , 10 , 11 , 12)
4. background context regarding the agreements. (Para 5 , 6)
5. statutory limitations impacting enforceability of claims. (Para 17 , 18 , 33)

Zamani A Rahim JCA:

Introduction

[1] This is an appeal by the appellant (the plaintiff) against the decision of the High Court at Muar given on 24 June 2015, dismissing the appellant's claim and allowing the respondent's (the defendant's) counterclaim with costs.

[2] The appellant sought the following reliefs:

(1) A declaration that the Agreement of Sale and Irrevocable Power of Attorney dated 25 June 1974 remains valid and binding on the respondent under prayer 26(xvi) of the statement of claim;

(2) Either,

(a) An order of specific performance of the Agreement and Irrevocable Power of Attorney dated 25 June 1974 directing the respondent to deliver to the appellant the following original documents:

(i) The issue of title for the said land; and

(ii) The quit rent receipt for the said land for the current year, within 14 days from the date h

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2016 MarsdenLR 396

COURT OF APPEAL PUTRAJAYALAI HEE SANG – AppellantVersusPUN HAI CHIN – Respondent

Cases Referred (5)

COURT OF APPEAL PUTRAJAYA
LAI HEE SANG – Appellant
Versus
PUN HAI CHIN – Respondent