TAN KOK SIANG vs KEMUNING SETIA SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 96

COURT OF APPEAL PUTRAJAYA
TAN KOK SIANG – Appellant
Versus
KEMUNING SETIA SDN BHD – Respondent

Table of Content
1. background on employment and housing contract. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. high court's findings and orders. (Para 9 , 10 , 11)
3. analysis of statutory provisions. (Para 12 , 13 , 14)
4. clarification of breach repercussion. (Para 19 , 27 , 36)
5. substantial performance negates the right to rescind the contract. (Para 25 , 34)

Mary Lim Thiam Suan JCA:

Background

[1] In the claim before the High COURT, the respondent, a housing developer and the appellant, an individual, had two contractual relationships.

[2] The first was via an oral contract made in 2009. In this oral contract, Tan Swee Leong [PW1], better known as Steven Tan, the Chief Executive Officer [CEO] of the respondent approached the appellant with an offer that the appellant work as its project manager in its housing project known as 98 Greenlane Lintang Gangsa [the project]. The appellant was required to serve as project manager until the completion of that project. For ease of reference, this will be referred to as the 'employment contract'.

[3] The amount of consideration under this employment contract is disputed. The appellant maintains that it was for RM1 million whereas the respondent claimed t

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2017 MarsdenLR 96

COURT OF APPEAL PUTRAJAYATAN KOK SIANG – AppellantVersusKEMUNING SETIA SDN BHD – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
TAN KOK SIANG – Appellant
Versus
KEMUNING SETIA SDN BHD – Respondent