IVORIA DEVELOPMENT SDN BHD 1. ) TAN MING CHUAN 2. ) TAN TIONG KHING

IVORIA DEVELOPMENT SDN BHD 1. ) TAN MING CHUAN 2. ) TAN TIONG KHING

Summary judgment was properly entered: the SPA (Schedule G) gives plaintiffs a statutory right to liquidated damages; contractual delivery date was 19.10.2019 (pre‑COVID exclusion), defendant's asserted reasons do not raise a triable defence, and plaintiffs have locus standi; therefore defendant has no meritorious defence and appeal is dismissed with costs.

Citation
NA-12ANCvC-7-03/2024 (Mahkamah Tinggi)
Parties
Perayu / Defendan: Ivoria Development Sdn Bhd; Responden / Plaintif: Tan Ming Chuan; Responden / Plaintif: Tan Tiong Khing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 October 2024
Case Number
NA-12ANCvC-7-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Summary Judgment (order 14 R.1) Affirming Sessions Court; Appeal Dismissed
Outcome
Appeal dismissed; High Court affirmed Sessions Court order granting summary judgment to plaintiffs
Legal Topics
Liquidated Damages, Summary Judgment (order 14 R.1), Time for Delivery of Vacant Possession, Purchaser Locus Standi Under HDA S22 C, COVID 19 Act S35 Exclusion Period
Source Language
Malay/English
Contract Law Housing Development Law Civil Procedure Statutory Interpretation Liquidated Damages Summary Judgment (order 14 R.1) Time for Delivery of Vacant Possession Purchaser Locus Standi Under HDA S22 C +1 more

Case Brief

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Parties

Ivoria Development Sdn Bhd

Perayu / Defendan

Tan Ming Chuan

Responden / Plaintif

Tan Tiong Khing

Responden / Plaintif

Procedural Posture

Civil Appeal / High Court Judgment on Summary Judgment (order 14 R.1) Affirming Sessions Court; Appeal Dismissed

Legal Issues

  1. 1 Whether the sale and purchase agreement (Schedule G) is a statutory contract enforceable for liquidated damages
  2. 2 Whether the COVID-19 Act 2020 s35 exclusion period should be excluded from the liquidated damages calculation
  3. 3 Whether developer's asserted third‑party and project problems constitute a defense excusing delay

Ratio Decidendi

Summary judgment was properly entered: the SPA (Schedule G) gives plaintiffs a statutory right to liquidated damages; contractual delivery date was 19.10.2019 (pre‑COVID exclusion), defendant's asserted reasons do not raise a triable defence, and plaintiffs have locus standi; therefore defendant has no meritorious defence and appeal is dismissed with costs.

Court Disposition

Appeal dismissed; High Court affirmed Sessions Court order granting summary judgment to plaintiffs

Orders

  • Summary judgment entered for Plaintiffs for liquidated damages in the amount of RM219,885.12
  • Appeal dismissed with costs of RM2,000.00 to be paid by Defendant to Plaintiffs, subject to allocatur