Sale and Purchase Agreement
3 cases · January 2025 to December 2025
Key Issues & Sub-Topics
Developer has been dissolved — Early vacant possession delivered prior to completion — Terms of agreement fail to address the conveyancing process — Variation of the agreement — Failure to adhere to the supplementary agreement. 1 Location of car park different from the agreement — Contractual obligatons of the Developer to allocate the car park to its intended location — Schedules from an integral part of the agreement — Specific performance to reallocate to car park. 1 Development project — Whether SPA intended that vendor is to grant perpetual Power of Attorney — Supplemental Agreements — Different form of Power of Attorney executed which expired after 30 years — Vendor refused to renew — Plain and ordinary meaning of the SPA — Promissory estoppel or waiver not raised — Variation of the SPA not proved — Parties’ obligations remain — Specific Relief — Exercise of discretion considering affected third-party interests 1
Developer has been dissolved — Early vacant possession delivered prior to completion — Terms of agreement fail to address the conveyancing process — Variation of the agreement — Failure to adhere to the supplementary agreement. 1 case
Location of car park different from the agreement — Contractual obligatons of the Developer to allocate the car park to its intended location — Schedules from an integral part of the agreement — Specific performance to reallocate to car park. 1 case
Development project — Whether SPA intended that vendor is to grant perpetual Power of Attorney — Supplemental Agreements — Different form of Power of Attorney executed which expired after 30 years — Vendor refused to renew — Plain and ordinary meaning of the SPA — Promissory estoppel or waiver not raised — Variation of the SPA not proved — Parties’ obligations remain — Specific Relief — Exercise of discretion considering affected third-party interests 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 1 case Rules of Court 2012
cited in 1 case Court Distribution
Key People & Firms
Cases
ba-22ncvc-353-08-2025
1. ) MOHD HAFIS BIN MOHD NASIR 2. ) NURUL IZZATY BINTI ROSLAN v 1. ) ZAHARUDIN BIN OTHMAN 2. ) AZHANI BINTI AZMAN
7 December 2025
MYHC
ba-12bncvc-81-12-2024
UTUH SEJAGAT SDN BHD v VALERIE KHO IK LEE
2 December 2025
MYHC
ba-24ncvc-2245-10-2024
SABNA DEVELOPMENT SDN BHD v HARTA KEMUNCHAK SDN BHD
22 January 2025
MYHC