KC Vohrah J:

In this case the plaintiffs, two joint purchasers of a property from the defendant, a housing developer, had jointly assigned their rights title and interests in the sale and purchase agreement to Hock Hua Bank Berhad, in return for a loan from the bank to purchase the property. There was late delivery of the property which was a breach of one of the terms of the sales and purchase agreement. Summary judgment in the magistrates' court Kuala Lumpur was given in favour of the plaintiffs and the defendant has appealed against the decision of the court.

Two questions have been posed to this court in the appeal.

The first question is: can the two purchasers who had assigned their rights and interests in the sales and purchaser sue the developer?

The developer says the purchasers cannot do so as they had made an absolute assignment of their rights and interest in their property to the bank within the meaning of s. 4(3) of the Civil Law Act 1956and relying on that provision and Nouvau Mont Dor (m) Sdn. Bhd. v. Faber Development Sdn. Bhd.[1985] CLJ 231 argue that only the bank has the right to sue it.

Nouvau Mont Dor (M) Sdn Bhdwas decided on the peculiar facts in the