Ng Wai Keong 1. ) Talent Team Sdn Bhd 2. ) Tetuan Soh Hayati & Co

Ng Wai Keong 1. ) Talent Team Sdn Bhd 2. ) Tetuan Soh Hayati & Co

The RM5,000 was a stakeholder sum held by the 2nd Respondent, not a booking fee, therefore under the SPA and HDA the LAD calculation commences from the SPA date (23.09.2015); the Housing Controller's extensions of time are valid and any challenge required judicial review in the High Court; consequently vacant possession was delivered within the approved time and no LAD is payable; the court will not order release of stakeholder funds contrary to clause 30 and s22E as that would breach fiduciary, professional and statutory duties and potentially constitute an offence.

Citation
WA-12ANCvC-110-03/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ng Wai Keong; 1st Respondent/defendant (developer): Talent Team Sdn. Bhd. (No. 515554-W); 2nd Respondent/defendant (stakeholder Solicitors): Tetuan Soh Hayati & Co (didakwa sebagai firma guaman)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 October 2021
Case Number
WA-12ANCvC-110-03/2020 (Mahkamah Tinggi)
Procedural Posture
Appeal (civil) / Rehearing of Appeal Under Order 55 Rule 2 of the Rules of Court 2012 in the High Court
Outcome
Appeal dismissed
Legal Topics
Liquidated Damages, Stakeholder Sum, Housing Development Act, Extension of Time, Judicial Review, Vacant Possession, Strata Title, Fiduciary Duties
Source Language
Malay/English
Contract Law Property Law Administrative Law Equity and Trusts Civil Procedure Housing Law Liquidated Damages Stakeholder Sum +6 more

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Parties

Ng Wai Keong

Appellant/plaintiff

Talent Team Sdn. Bhd. (No. 515554-W)

1st Respondent/defendant (developer)

Tetuan Soh Hayati & Co (didakwa sebagai firma guaman)

2nd Respondent/defendant (stakeholder Solicitors)

Procedural Posture

Appeal (civil) / Rehearing of Appeal Under Order 55 Rule 2 of the Rules of Court 2012 in the High Court

Legal Issues

  1. 1 When calculation of liquidated ascertained damages (LAD) commences: date of booking fee payment vs date of sale and purchase agreement (SPA)
  2. 2 Whether RM5,000 constituted a booking fee or a stakeholder sum
  3. 3 Whether the Housing Controller's extensions of time are valid and challengeable in this proceeding

Ratio Decidendi

The RM5,000 was a stakeholder sum held by the 2nd Respondent, not a booking fee, therefore under the SPA and HDA the LAD calculation commences from the SPA date (23.09.2015); the Housing Controller's extensions of time are valid and any challenge required judicial review in the High Court; consequently vacant possession was delivered within the approved time and no LAD is payable; the court will not order release of stakeholder funds contrary to clause 30 and s22E as that would breach fiduciary, professional and statutory duties and potentially constitute an offence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs