1. ) Bernadette Jeanne De Souza 2. ) Lau Tiang Hua Shorefront Development Sdn Bhd (dahulu dikenali sebagai PDC Heritage Hotel Sdn Bhd)

1. ) Bernadette Jeanne De Souza 2. ) Lau Tiang Hua Shorefront Development Sdn Bhd (dahulu dikenali sebagai PDC Heritage Hotel Sdn Bhd)

On the balance of probabilities plaintiffs failed to prove entitlement to rescission/repayment but proved entitlement to damages for remedial work; an unperformed contractor quotation verified by its maker provided prima facie proof of reasonable remedial costs, entitling the plaintiffs to RM62,412 and costs of RM40,000.

Citation
PA-22NCvC-35-02/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant: SHOREFRONT DEVELOPMENT SDN. BHD.; Respondent / Plaintiff: BERNADETTE JEANNE DE SOUZA; Respondent / Plaintiff: LAU TIANG HUA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 August 2024
Case Number
PA-22NCvC-35-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (contract) / Appeal Judgment (mahkamah Rayuan)
Outcome
Relief for repayment dismissed; damages claim allowed in part; RM62,412 awarded for remedial works and RM40,000 costs awarded to plaintiffs.
Legal Topics
Breach of Contract, Misrepresentation, Damages Assessment, Costs, Termination / Rescission, Sale and Purchase Agreement
Source Language
Malay/English
Contract Evidence Civil Procedure Breach of Contract Misrepresentation Damages Assessment Costs Termination / Rescission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

SHOREFRONT DEVELOPMENT SDN. BHD.

Appellant / Defendant

BERNADETTE JEANNE DE SOUZA

Respondent / Plaintiff

LAU TIANG HUA

Respondent / Plaintiff

Procedural Posture

Civil Appeal (contract) / Appeal Judgment (mahkamah Rayuan)

Legal Issues

  1. 1 Whether the Defendant breached the Sale and Purchase Agreement
  2. 2 Whether there was misrepresentation by the Defendant's agent
  3. 3 Whether the Defendant fulfilled its express and implied obligations under the SPA

Ratio Decidendi

On the balance of probabilities plaintiffs failed to prove entitlement to rescission/repayment but proved entitlement to damages for remedial work; an unperformed contractor quotation verified by its maker provided prima facie proof of reasonable remedial costs, entitling the plaintiffs to RM62,412 and costs of RM40,000.

Court Disposition

Relief for repayment dismissed; damages claim allowed in part; RM62,412 awarded for remedial works and RM40,000 costs awarded to plaintiffs.

Orders

  • Relief (a) for repayment dismissed
  • Relief (b) compensation of RM62,412.00 awarded to the Plaintiffs payable within 14 days