Max-Benefit Sdn Bhd v Phuah Thean An & Anor

Max-Benefit Sdn Bhd v Phuah Thean An & Anor

The assignment to the bank was conditional and constituted security (a charge), not an absolute assignment, so the purchasers retained locus standi to sue; and pursuant to Schedule G of the Housing Developers Regulations the purchasers were entitled to liquidated damages at 10% per annum from the contractual delivery date until actual vacant possession.

Citation
Max-Benefit Sdn Bhd v Phuah Thean An & Anor
Parties
Appellant/developer: Max-Benefit Sdn Bhd; Respondent/purchaser: Phuah Thean An; Respondent/co Purchaser: Second Plaintiff (Anor)
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court (summary Judgment)
Outcome
Appeal dismissed with costs
Legal Topics
Assignment, Locus Standi, Liquidated Damages, Housing Developers Regulations, Delay in Completion
Source Language
en
Civil Law Property/land Law Contract Law Assignment Locus Standi Liquidated Damages Housing Developers Regulations Delay in Completion

Case Brief

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Parties

Max-Benefit Sdn Bhd

Appellant/developer

Phuah Thean An

Respondent/purchaser

Second Plaintiff (Anor)

Respondent/co Purchaser

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court (summary Judgment)

Legal Issues

  1. 1 Whether the assignment to the bank was absolute or conditional and whether the original purchasers retain locus standi to sue
  2. 2 Whether the purchasers are entitled to liquidated damages for late delivery under the sales agreement and statutory housing developer regulations

Ratio Decidendi

The assignment to the bank was conditional and constituted security (a charge), not an absolute assignment, so the purchasers retained locus standi to sue; and pursuant to Schedule G of the Housing Developers Regulations the purchasers were entitled to liquidated damages at 10% per annum from the contractual delivery date until actual vacant possession.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs