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CASE(S) OF THE WEEK

DREAM PROPERTY SDN BHD v. ATLAS HOUSING SDN BHD
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, AHMAD MAAROP FCJ, HASAN LAH FCJ, RAMLY ALI FCJ, AZAHAR MOHAMED FCJ
[APPEAL NO: 02(F)-13-02-2014 (J)]
12 FEBRUARY 2015

CONTRACT: Breach - Sale and purchase agreement (`SPA') - Purchaser failed to pay balance of purchase price within completion date - Automatic termination of SPA - Whether enforceable under s. 56 Contracts Act 1950 - Whether vendor entitled to terminate agreement and recover vacant possession of land - Purchaser built shopping mall on land - Whether land improved and enhanced - Whether purchaser should be awarded restitution - Whether restitution restricted to costs of construction of building or enhancement of market value - Purchaser only liable for breach of contract and not fiduciary duty - Whether purchaser required to account for profit - Whether there was acceptance of interim payment which could revive SPA - Doctrine of unjust enrichment - Whether vendor gained enrichment at purchaser's expense - Whether purchaser entitled to monetary award in sum equivalent to current market value - Whether vendor only entitled to market rent of unimproved land and not for account of profits

CONTRACT: Sale of land - Agreement - Breach - Recovery of vacant possession - Application for - Purchaser failed to pay balance of purchase price within completion date - Automatic termination of SPA - Whether enforceable under s. 56 Contracts Act 1950 - Whether vendor entitled to terminate agreement - Purchaser built shopping mall on land - Whether land improved and enhanced - Whether purchaser should be awarded restitution - Whether restitution restricted to costs of construction of building or enhancement of market value - Purchaser only liable for breach of contract and not fiduciary duty - Whether purchaser required to account for profit - Whether there was acceptance of interim payment which could revive SPA - Doctrine of unjust enrichment - Whether vendor gained enrichment at purchaser's expense - Whether purchaser entitled to monetary award in sum equivalent to current market value - Whether vendor only entitled to market rent of unimproved land and not for account of profits

CONTRACT: Breach - Remedies - Sale and purchase agreement - Purchaser failed to pay balance of purchase price within completion date - Whether vendor entitled to terminate agreement and recover vacant possession - Purchaser built shopping mall on land - Whether land improved and enhanced - Whether purchaser should be awarded restitution - Whether restitution restricted to costs of construction of building or enhancement of market value - Purchaser only liable for breach of contract and not fiduciary duty - Whether purchaser required to account for profit - Whether there was acceptance of interim payment which could revive SPA - Doctrine of unjust enrichment - Whether vendor gained enrichment at purchaser's expense - Whether purchaser entitled to monetary award in sum equivalent to current market value - Whether vendor only entitled to market rent of unimproved land and not for account of profits



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