Lakefront Residence Sdn Bhd Lam Keng Fong

Lakefront Residence Sdn Bhd Lam Keng Fong

The purported 18‑month extension granted by the Controller/Housing Ministry was ultra vires and void, the statutory 36‑month delivery period under Schedule H applies, LAD is computed from the booking/payment date, and the defendant failed to show any triable defence; therefore summary judgment for LAD was properly...

Source-derived case information.

Citation
BA-12ANCvC-18-02/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Lakefront Residence Sdn Bhd; Respondent/plaintiff: Lam Keng Fong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2022
Case Number
BA-12ANCvC-18-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Liquidated and Ascertained Damages (lad), Summary Judgment / Strike Out, Extension of Time / Ultra Vires, Statutory Sale and Purchase Agreement (schedule H), Limitation / Accrual of Cause of Action, Judicial Review
Contract Housing Development Law Administrative Law Civil Procedure Liquidated and Ascertained Damages (lad) Summary Judgment / Strike Out Extension of Time / Ultra Vires Statutory Sale and Purchase Agreement (schedule H) +2 more

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Parties

Lakefront Residence Sdn Bhd

Appellant/defendant

Lam Keng Fong

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether the Controller of Building or Housing Ministry validly extended the statutory 36‑month delivery period to 54 months
  2. 2 Whether the purported extension applies to the plaintiff's unit
  3. 3 Whether purchaser must pursue judicial review to challenge an ultra vires extension before suing for LAD

Ratio Decidendi

The purported 18‑month extension granted by the Controller/Housing Ministry was ultra vires and void, the statutory 36‑month delivery period under Schedule H applies, LAD is computed from the booking/payment date, and the defendant failed to show any triable defence; therefore summary judgment for LAD was properly granted and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for Liquidated and Ascertained Damages affirmed
  • Appeal dismissed with costs