CHUNG MAY YEN V PUNCAKDANA DEVELOPMENT SDN BHD

CHUNG MAY YEN V PUNCAKDANA DEVELOPMENT SDN BHD

Court held defendant liable: delays were caused by the developer's failures (not by authorities), no extension of time had been applied for or granted, clause 9.03 did not operate to excuse performance, plaintiff validly terminated after giving notice and allowing a reasonable additional period, and defendant must refund monies paid and pay interest and costs.

Citation
CHUNG MAY YEN V PUNCAKDANA DEVELOPMENT SDN BHD
Parties
Plaintiff / Purchaser: Chung May Yen; Defendant / Vendor: Puncakdana Development Sdn Bhd
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Originating Summons (sale and Purchase of Housing) / Judgment at High Court Malaya, Kuala Lumpur
Outcome
Originating summons allowed in favour of plaintiff.
Legal Topics
Delay in Delivery of Vacant Possession, Waiver, Termination of Contract, Refund and Interest
Source Language
en
Contract Land Law Housing Development Delay in Delivery of Vacant Possession Waiver Termination of Contract Refund and Interest

Case Brief

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Parties

Chung May Yen

Plaintiff / Purchaser

Puncakdana Development Sdn Bhd

Defendant / Vendor

Procedural Posture

Originating Summons (sale and Purchase of Housing) / Judgment at High Court Malaya, Kuala Lumpur

Legal Issues

  1. 1 Whether plaintiff entitled to terminate the sale and purchase agreement for failure to deliver vacant possession by contractual date
  2. 2 Whether delay was caused by relevant authorities or by the defendant
  3. 3 Whether defendant can rely on clause 9.03 (circumstances beyond vendor's control)

Ratio Decidendi

Court held defendant liable: delays were caused by the developer's failures (not by authorities), no extension of time had been applied for or granted, clause 9.03 did not operate to excuse performance, plaintiff validly terminated after giving notice and allowing a reasonable additional period, and defendant must refund monies paid and pay interest and costs.

Court Disposition

Originating summons allowed in favour of plaintiff.

Orders

  • Defendant to refund all monies paid by the plaintiff to the defendant.
  • Defendant to pay interest at 8% per annum from date of notice of termination to date of realization.