B.I.G. Industrial Gas Sdn Bhd v Pan Wijaya Property Sdn Bhd
This case involves two related appeals concerning the refusal of Pan Wijaya Property Sdn Bhd to complete a land sale transaction with B.I.G. Industrial Gas Sdn Bhd. The High Court dismissed the plaintiff's claim for specific performance and ordered damages to be assessed. The Court of Appeal upheld the High Court's decision, affirming that the contract was not frustrated and that damages were an adequate remedy. The caveat lodged by the plaintiff was also ordered to be removed.
Overview
Case Number
Q-02(W)-809-04/2016
Case Type
Civil - Contract dispute
Court
Court of Appeal of Malaysia, Kuching, Sarawak
Coram Judges
- Mohd Zawawi SallehDelivered Judgment
- Ahmadi Haji Asnawi
- Kamardin Hashim
Related Proceedings
High Court
BTU-22-5/9-2013
High Court in Sabah and Sarawak at Bintulu
Heard Together With
B.I.G. Industrial Gas Sdn Bhd v Pan Wijaya Property Sdn Bhd
Q-02(A)-810-04/2016
Appeal regarding removal of caveat and damages for wrongful lodgement.
Subject Matter
contract lawland salespecific performancefrustration of contract