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case study mastira

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 Malayan Law Journal Reports/1999/Volume 1/MASTIARA SDN BHD v MOTORCYCLE INDUSTRIES (M) SDN BHD & ORS - [1999] 1 MLJ 681 - 22 October 1998 9 pages [1999] 1 MLJ 681 MASTIARA SDN BHD v MOTORCYCLE INDUSTRIES (M) SDN BHD & ORS COURT OF APPEAL (KUALA LUMPUR) SHAIK DAUD, ABDUL MALEK AHMAD AND DENIS ONG JJCA CIVIL APPEAL NO P-02-790 OF 1997 22 October 1998 Contract -- Sale and purchase of land -- Deposit, forfeiture of -- Whether purchaser was ready and willing to complete the sale By an agreement dated 15 June 1979 between the plaintiff ('the appellant') and the first defendant ('the first respondent'), it was agreed that the first respondent would sell and the appellant would purchase a piece of land in Penang together with the buildings erected on it ('the properties'). Pursuant to the agreement, the appellant paid the deposit of the purchase price to the first respondent and on 10 August 1979, the balance was paid. However, the first respondent could not deliver a valid and registrable title to the appellant and the balance of the purchase price was refunded. Subsequently, the appellant had asked for specific performance of the agreement, alternatively damages for breach of contract or damages in lieu of specific performance and a declaration that the appellant was entitled to a lien on the properties for the deposit with interest thereon. In their defence, the respondents pleaded that the first respondent was a company in receivership and that prior to 23 February ...
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