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

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