COURT OF APPEAL (PUTRAJAYA)
LEE SWEE SENG, NANTHA BALAN AND NORDIN HASSAN JJCA
CIVIL APPEAL NO C-02(NCvC)(W)-607–03 OF 2021
3 May 2023
Contract — Specific performance — Terms — Contract between developer and purchaser provided that purchaser could not apply for change of category of land use from ‘agriculture’ to ‘building’ — Purchaser successfully converted category of land use from ‘agriculture’ to ‘building’ — High Court allowed developer’s application for specific performance — Whether term in contract prohibiting application for change of category of land use would be void and unenforceable under s 24(b) of the Contracts Act 1950 — Whether term in contract prohibiting application for change of category of land use would be void and unenforceable under s 24(e) of the CA as being contrary to public policy — Whether there were other reasons for dismissing developer’s claim for specific performance and for mandatory injunction to demolish longhouse built on land — Contracts Act 1950 s 24(b) & (e) — Federal Constitution art 13 — Housing Development (Control and Licensing) Act 1966 s 22D — National Land Code ss 124(1)(a) & 214