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HIGH COURT MALAYA SHAH ALAM
GOLDEN SUCCESS PROPERTY SDN BHD – Appellant
Versus
TRIPLE EQUITY SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. introduction of the claim and agreement details. (Para 1 , 2 , 4 , 5) |
| 2. claim based on spas dated 16 january 2007. (Para 3) |
| 3. issues regarding notice of changes in property status. (Para 6 , 7 , 8 , 9) |
| 4. comparison of differing sale and purchase agreements. (Para 10 , 17 , 18 , 29) |
| 5. determination of intent under spas. (Para 11 , 12 , 22) |
| 6. comparison of spas for blocks a, b, c vs d to i. (Para 14 , 16) |
| 7. challenges of the first defendant's authority and responsibilities. (Para 19 , 25 , 26) |
| 8. statutory implications of the joint management body's powers. (Para 30 , 31) |
| 9. court's ruling on entitlement and fraud. (Para 32) |
| 10. conclusion on the defendant's breach and judgement. (Para 33 , 34 , 36 , 37) |
[1] This is a claim by the plaintiff ('P') based on two Sale and Purchase Agreements ('SPAs') both dated 16 January 2007 for the purchase by the plaintiff from the 1st defendant ('D1') of two units of shop lots in a development known as "Putra Walk at Bandar Putra Permai" ('Putra Walk'). In essence, P alleged fraud against D1 and lack of bona fide on the part of the 2nd defendant ('D2').
Agreed Facts
[2] The parties have agreed to the following material facts:
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