LIM QIU SHI ADENLAND (DAMANSARA JAYA) SDN BHD

LIM QIU SHI ADENLAND (DAMANSARA JAYA) SDN BHD

The High Court held that issues under Order 33 r.2 are amenable to appellate review and that the appeal was properly before the Court; however, on review of the record and submissions no appealable error was shown in the Sessions Court Judge’s refusal of Enclosure 34, and the appeal was therefore dismissed with costs of RM5,000.00.

Citation
BA-12ANCvC-75-12/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Lim Qiu Shi; Respondent/defendant: Adenland (Damansara Jaya) Sdn. Bhd. (now Tropika Bumi Sdn. Bhd.)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2025
Case Number
BA-12ANCvC-75-12/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal to High Court From Sessions Court Decision Dismissing Interlocutory Application (enclosure 34)
Outcome
Appeal dismissed
Legal Topics
Appealability, Order 14 a Rules of Court 2012, Order 33 R.2 and R.5, Summary Disposal, Liquidated Ascertained Damages (lad)
Source Language
Malay/English
Civil Procedure Contract Property Appealability Order 14 a Rules of Court 2012 Order 33 R.2 and R.5 Summary Disposal Liquidated Ascertained Damages (lad)

Case Brief

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Parties

Lim Qiu Shi

Appellant/plaintiff

Adenland (Damansara Jaya) Sdn. Bhd. (now Tropika Bumi Sdn. Bhd.)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal to High Court From Sessions Court Decision Dismissing Interlocutory Application (enclosure 34)

Legal Issues

  1. 1 Whether dismissal of application under Order 14A and/or Order 33 r.2 is appealable under s28 Courts of Judicature Act 1964
  2. 2 Whether the Sessions Court erred in treating Enclosure 34 as an abuse of process and refusing to decide preliminary issues without full trial
  3. 3 Whether LAD is to be calculated from date of booking fee payment or date of SPA

Ratio Decidendi

The High Court held that issues under Order 33 r.2 are amenable to appellate review and that the appeal was properly before the Court; however, on review of the record and submissions no appealable error was shown in the Sessions Court Judge’s refusal of Enclosure 34, and the appeal was therefore dismissed with costs of RM5,000.00.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Respondent RM5000.00