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HIGH COURT MALAYA SHAH ALAM
ENG HAN PROPERTY SDN BHD – Appellant
Versus
SALAMON RAJ ADAICKALAM – Respondent
| Table of Content |
|---|
| 1. parties involved in the spa and financial arrangements. (Para 1) |
| 2. breach of spa and plaintiff's entitlement to terminate. (Para 2 , 3) |
| 3. plaintiff's claims for declaration and consequential orders. (Para 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 4. defendant's defenses against breach claims. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. invoked provisions of contracts act 1950. (Para 30) |
| 6. court's analysis on obligations and naming parties. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. court's final order and costs. (Para 42) |
| 8. outcome based on contractual obligations without wrongdoing. (Para 43) |
Introduction
[1] A Sale and Purchase Agreement (SPA) was executed between the Plaintiff (as the Developer) and the Proprietor of the Land (who is not a party to this Suit), as the vendor, on one side, and the Defendant, as the purchaser, on the other. The Defendant required financing to purchase the property, and Public Bank Berhad issued a Letter of Undertaking (subject to certain conditions) to the Plaintiff. As is customary in SPAs between developers and purchasers, the title was transferred to the purchaser to enable the purchaser to charge
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