Abstract

In Dream Property v Atlas Housing [2015] 2 A.M.R. 601; [2015] 2 M.L.J. 441, the Federal Court of Malaysia recognised unjust enrichment as an independent source of legal obligation. The precise way they went about this revolutionised the general understanding of the law in Malaysia. And they also discussed restitutionary awards for wrongs. The case may prove to be a poisoned chalice. As I explain in this note, the Federal Court’s reasoning and its application of the legal concepts to the facts leave a lot to be desired.

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