Chan Yew Mun & Anor v Faber Union Sdn Bhd (High Court) [2015] 4 CLJ 239

Justin was the counsel for the plaintiffs. This case involved a bungalow unit which was not built by the developer in accordance with the Sale and Purchase Agreement and the building plan in respect of the front car porch where the length of the car porch was reduced when the unit was delivered to the Purchasers (the Plaintiffs). Therefore, the plaintiffs (Purchaser) sued for inter-alia rescission of the sale and purchase agreement and refund of the purchase price plus damages for breach of contract. However, the Court entered judgment in favour of the purchasers (plaintiffs) for damages for the breach. The Court did not allow the prayer for rescission of the contract on the basis that the plaintiffs had renovated the property. The Court held that the evidence do not show consent by the purchasers to the changes of the layout plan and the mere initial or signature of the purchaser on the amended floor plan without anything more cannot signify consent to the changes but mere acknowledgement of receipt.