MALAYSIA BUILDING SOCIETY BHD vs PRIMA FIRST DEVELOPMENT SDN BHD AND ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 MarsdenLR 53

COURT OF APPEAL PUTRAJAYA
MALAYSIA BUILDING SOCIETY BHD – Appellant
Versus
PRIMA FIRST DEVELOPMENT SDN BHD AND ANOTHER APPEAL – Respondent

Petitioner Advocates:Tommy Thomas,Shaikh Abdul Saleem,Hafiza Johari ,Respondent Advocate: Cecil Abraham,HY Chong,Francesca Phillip

Table of Content
1. details of sale agreement and extensions. (Para 1 , 2 , 3)
2. dispute over termination of sale agreement. (Para 4 , 5)
3. conduct of appellant led to time being at large. (Para 6 , 7 , 8)
4. findings on readiness for specific performance. (Para 9 , 10 , 11 , 12)
5. no equitable ground for specific performance. (Para 13 , 14 , 15 , 16 , 18)
6. court dismissed the appeal and set costs. (Para 17)

Anantham Kasinather JCA:

Background Facts

[1] By a sale and purchase agreement dated 8 April 2005 (hereinafter referred to as 'the sale agreement'), the appellant agreed to sell to the respondent three parcels of land held under HS (D) 93832, PT No 27758, HS (d) 93833, PT 27759 and HS (D) 95375, PT 29301, all in Mukim Sungai Buloh, Daerah Petaling, Negeri Selangor Darul Ehsan (hereinafter referred to 'the said lands') on terms as stated in the sale agreement. The sale of the said lands was subject to several conditions precedent and the time for payment of the purchase price was agreed to be within three months of the date of the sale agreement or one month of the fulfillment of the conditions precedent, whichever is later. The terms of the sale agreement provided for the payment o

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2012 MarsdenLR 53

COURT OF APPEAL PUTRAJAYAMALAYSIA BUILDING SOCIETY BHD – AppellantVersusPRIMA FIRST DEVELOPMENT SDN BHD AND ANOTHER APPEAL – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
MALAYSIA BUILDING SOCIETY BHD – Appellant
Versus
PRIMA FIRST DEVELOPMENT SDN BHD AND ANOTHER APPEAL – Respondent