XTREME MERIDIAN SDN BHD 1. ) CHOW CHEE WAH 2. ) MOHD DHIYAUDDIN ASSIDDIQ BIN MOHD ZAID 3. ) WILLIAM TEH YEW HOUNG 4. ) DENISE TEOH SHYN YONG

XTREME MERIDIAN SDN BHD 1. ) CHOW CHEE WAH 2. ) MOHD DHIYAUDDIN ASSIDDIQ BIN MOHD ZAID 3. ) WILLIAM TEH YEW HOUNG 4. ) DENISE TEOH SHYN YONG

The appeal is dismissed. The Sessions Court correctly held that the RM10,000 stakeholder payment constituted a de facto booking fee so LAD commenced from the date of that payment; LAD must be calculated on the purchase price as stated in the statutory SPA without deduction for rebates; the Sessions Court did not exceed monetary jurisdiction because each purchaser’s claim was within the statutory limit and aggregation for jurisdictional defeat was not mandated; and the administrative transfer of the judge and Practice Directions did not divest territorial jurisdiction making the judgment void.

Citation
WA-12ANCvC-41-04/2025 (Mahkamah Tinggi)
Parties
Appellant/developer: Xtreme Meridian Sdn Bhd; Respondent/purchaser: Chow Chee Wah; Respondent/purchaser: Mohd Dhiyauddin Assiddiq Bin Mohd Zaid; Respondent/purchaser: William Teh Yew Houng; Respondent/purchaser: Denise Teoh Shyn Yong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2026
Case Number
WA-12ANCvC-41-04/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court; Judgment on Appeal Delivered (appeal Dismissed)
Outcome
Appeal dismissed; Sessions Court judgments affirmed
Legal Topics
Housing Development Act 1966, Liquidated Ascertained Damages (lad), Monetary Jurisdiction of Sessions Court, Territorial Jurisdiction and Transfer of Judge, Booking Fee Vs Stakeholder Payment, Purposive Interpretation of Social Legislation
Source Language
Malay/English
Housing Law Contract Law Civil Procedure Statutory Interpretation Housing Development Act 1966 Liquidated Ascertained Damages (lad) Monetary Jurisdiction of Sessions Court Territorial Jurisdiction and Transfer of Judge +2 more

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Parties

Xtreme Meridian Sdn Bhd

Appellant/developer

Chow Chee Wah

Respondent/purchaser

Mohd Dhiyauddin Assiddiq Bin Mohd Zaid

Respondent/purchaser

William Teh Yew Houng

Respondent/purchaser

Denise Teoh Shyn Yong

Respondent/purchaser

Procedural Posture

Civil Appeal / Appeal From Sessions Court; Judgment on Appeal Delivered (appeal Dismissed)

Legal Issues

  1. 1 Whether initial RM10,000 payment under LOI constituted a booking fee for commencement of LAD
  2. 2 Proper date for commencement of LAD (date of initial payment vs date of SPA)
  3. 3 Whether LAD should be calculated on gross SPA purchase price or net after rebates

Ratio Decidendi

The appeal is dismissed. The Sessions Court correctly held that the RM10,000 stakeholder payment constituted a de facto booking fee so LAD commenced from the date of that payment; LAD must be calculated on the purchase price as stated in the statutory SPA without deduction for rebates; the Sessions Court did not exceed monetary jurisdiction because each purchaser’s claim was within the statutory limit and aggregation for jurisdictional defeat was not mandated; and the administrative transfer of the judge and Practice Directions did not divest territorial jurisdiction making the judgment void.

Court Disposition

Appeal dismissed; Sessions Court judgments affirmed

Orders

  • Appeal dismissed in its entirety
  • Order and judgment of the Sessions Court dated 26 November 2024 and 24 March 2025 affirmed