Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

CONTRACT – SALE AND PURCHASE OF PROPERTY – DELIVERY OF VACANT POSSESSION

John signed a sale and purchase agreement (“SPA“) with developer Y in the year 2012 to purchase properties in the later housing plan. The SPA, on the other hand, followed the one established in schedule H of the Housing Development (Control and Licensing) Regulations 1989 (“the HDR“) with one exception: instead of 36 months, the SPA specified 54 months for vacant possession of the properties to be given to the plaintiffs. The Minister had apparently approved the EOT for 54 months in 2010. The delivery of vacant possession of their respective properties to John was in January 2017. In the ruling in Ang Ming Lee, John sued developer Y, claiming that the controller’s extension of time (“EOT”) was unlawful and that the parties were obligated to use the mandated SPA laid forth in schedule H, which only allows for a 36-month completion term. 

Q: Does the developer have the power to deviate from the terms prescribed in the statutory contract of sale in Schedule H of the HDR? 

A: Yes, back then Ang Ming Lee had not been decided. As a result, the only method for a developer to get an EOT was to hand up vacant possession and stray from the Schedule H requirements. The notion that the defendant was wrong to deviate from the terms only comes in the year 2020. 

Q: Can John argue that he has no knowledge of the extension of time? 

A: No, the reason behind this was if Developer Y obtained an extension of time before John signed the SPA. This shows that John has knowledge of the extension of time obtained by developer Y before the project begins. 

Q: Can John raise an argument in the validity of the extension of time? 

A: Yes, because the EOT is a Ministry of Housing and Local Government decision, it can only be contested through a judicial review and a writ action.

Q: Is it possible for John to file a claim for LAD before the limitation period expires?

A: It depends on when did John file a claim for LAD against developer Y for late delivery of vacant possession. This is because the cause of action accrues on the date of the SPA and not when vacant possession was delivered.

This legal updates were made based on the recent decision of the court in Chin Kok Woo & Ors v Sky Park Properties Sdn Bhd & Ors [2022] 10 MLJ 153. 

Back to Latest Legal Updates

Sorotan Terkini

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

Read More »
31 Julai ,2025 Tiada Ulasan

SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

Read More »
31 Julai ,2025 Tiada Ulasan

EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW

The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.

Read More »
31 Julai ,2025 Tiada Ulasan

REGULATIONS – GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1947 ) – ARTICLE I

This legal update explores key provisions of the General Agreement on Tariffs and Trade (GATT 1947), focusing on Article I (Most-Favoured-Nation Treatment), Article II (Schedules of Concessions), Article XX (General Exceptions), and Article XXI (Security Exceptions). Article I mandates that any trade advantage granted by one contracting party to another must be extended unconditionally to all other parties. Article II ensures that imported goods from contracting parties receive treatment no less favourable than that outlined in agreed schedules, while also regulating permissible taxes and charges. Articles XX and XXI provide exceptions for measures necessary to protect public morals, health, security interests, and compliance with domestic laws. The provisions reflect the foundational principles of non-discrimination, transparency, and fair trade, while allowing for limited, well-defined exceptions. This summary is intended to provide a concise reference for businesses and legal practitioners involved in international trade law.

Read More »
3 April ,2025 Tiada Ulasan
ms_MYMY
en_USEN zh_TWZH ms_MYMY
× Hubungi Kami