Antara Vista Sdn Bhd v Rumaya Properties Sdn Bhd [2019] 7 AMR 229

[Project abandoned and converted from medium cost to high end Project] Justin was counsel for the Appellant. The Appeal was partially allowed and the Court of Appeal reversed the relief of Specific Performance given by the High Court. Although the Court of Appeal upheld the High Court's decision that the SPA is genuine and not a sham, the court could not order specific performance as the 18 properties are no longer in existence i. e in the form it was purchased. The Court referred to the Appellant’s written submission which stated: “It is impossible and absurd - D1 has developed the units in a DIFFERENT PROJECT which bears no resemblance to the 18 units. In fact, the P wants an unjust enrichment";