Jayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & Jamil
  • About
  • Our People
    • Partners
    • Consultant
    • Associates
  • Practice Areas
  • Publications
    • Legal Updates
    • Legal Cauldron (Temporary suspended)
    • Articles
    • News & Bulletin
  • We Care
  • Careers
  • Contact Us

Legal Update 5 of 2020

    Home Legal Updates Legal Update 5 of 2020
    NextPrevious

    Legal Update 5 of 2020

    By jhj admin | Legal Updates | 0 comment | 11 January, 2021 | 0

    Was there a concluded contract for the appointment of a real estate agent even though the letter of appointment was unsigned?

    Case:

    ZERIN PROPERTIES V NAZA TTDI SDN BHD [2020] 1 MLRA 362

    Brief Facts:

    • Zerin Properties was a licensed real estate agency (“Agent”).

     

    • Naza TTDI Sdn Bhd was a property development company (“Developer”).

     

    • The Agent claimed that it had been approached by the Developer to market the sale of various plots of development land.

     

    • The Agent claimed that its endeavours and work led to the conclusion of a joint venture between the Developer and Hap Seng Land Sdn Bhd (“Hap Seng”) in respect of one (1) plot of development land (“Development Land 1”).

     

    • A letter of acceptance was sent by the Agent in respect of Development Land 1 which was unsigned by the Developer (“LOA 1”). A subsequent letter of acceptance was signed but concerned a different piece of land (“LOA 2”).

     

    • The Developer later denied approaching the Agent and denied that any amount was due and owing to the Agent.

     

    • The Agent sued the Developer in the High Court to recover its professional fees for work done and services rendered.

     

    • The High Court judge dismissed the Agent’s claim on the grounds that (i) the Agent was not validly appointed by the Developer to sell Development Land 1; (ii) the Agent was not the effective cause of the sale or that the joint venture did not amount to a sale; (iii) LOA 1 was unenforceable because it was unsigned; and (iv) LOA 2 was in respect of a different piece of land.

     

    • The Agent appealed to the Court of Appeal.

    COURT OF APPEAL DECISION – APPEAL ALLOWED!

    The Court of Appeal held that there was a valid contract in respect of LOA 1 even though it was unsigned. The LOA 1 must be construed in its entirety. Based on the dealings between the Agent and the Developer taken in its proper context and in totality there was a concluded contract as to the Agent’s appointment as the Developer’s agent, although LOA 1 was not signed. There was a concluded contract as the parties had conducted themselves as if there was a contract afoot, i.e. a contract by estoppel.

    No tags.

    jhj admin

    More posts by jhj admin

    Related Post

    • Legal Update 9 of 2020

      By jhj admin | 0 comment

      Can a civil servant be dismissed from employment by a local authority without affording him the right to be heard? Case: PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR [2020] 1Read more

    • Legal Update 10 of 2020

      By jhj admin | 0 comment

      Can the payment of quit rent, assessment rates, electricity and water bills be used to prove ownership of property? Case: HS REALTY SDN BHD v. YOW HONG SOON [2020] 1 LNS 230 Brief Facts: HSRead more

    • Legal Update 11 of 2020

      By jhj admin | 0 comment

      Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNSRead more

    • Legal Update 12 of 2020

      By jhj admin | 0 comment

      Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointmentRead more

    • Legal Update 13 of 2020

      By jhj admin | 0 comment

      Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIMRead more

    • Legal Update 14 of 2020

      By jhj admin | 0 comment

      Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat EastRead more

    • Legal Update 15 of 2020

      By jhj admin | 0 comment

      When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank BerhadRead more

    • Legal Update 16 of 2020

      By jhj admin | 0 comment

      Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHDRead more

    Leave a Comment

    Cancel reply

    Your email address will not be published. Required fields are marked *

    NextPrevious

    JHJ Bulletin

    • S.Jeyaraman: The Magic of Memory
    • Andreas Dorn: Your Unconscious Mind on Change and Money

    Legal Updates

    • Legal Update 22 of 2022
    • Legal Update 21 of 2022
    • Legal Update 20 of 2022
    • Legal Update 19 of 2022
    • Legal Update 18 of 2022
    • Legal Update 17 of 2022
    • Legal Update 16 of 2022

    Legal Cauldron

    • 2
      0

      Legal Cauldron 1 of 2016

      Click here to view & download
    • 2
      0

      Legal Cauldron 2 of 2015

      Click here to view & download
    Copyright 2017 All Rights Reserved Contact Us         Like & Follow Us On:Facebook | Instagram | LinkedIn Disclaimer | Privacy Policy
    • About
    • Our People
      • Partners
      • Consultant
      • Associates
    • Practice Areas
    • Publications
      • Legal Updates
      • Legal Cauldron (Temporary suspended)
      • Articles
      • News & Bulletin
    • We Care
    • Careers
    • Contact Us
    Jayadeep Hari & Jamil