1. ) TOH SHU HUA 2. ) TOH SHU CHING 3. ) AHMAD FARID BIN MOHD SHAHBUDIN 4. ) JOEAKMAL BIN JOHARI 5. ) HAIRUL HILMI BIN RAMLEE 6. ) AQILAH BINTI YAHAYA 7. ) MUHAMAD FARHAN BIN MISNAN 8. ) MOHD ASMIZAL BIN CHE MAT 9. ) NIK ALYANI BINTI NIK AB

1. ) TOH SHU HUA 2. ) TOH SHU CHING 3. ) AHMAD FARID BIN MOHD SHAHBUDIN 4. ) JOEAKMAL BIN JOHARI 5. ) HAIRUL HILMI BIN RAMLEE 6. ) AQILAH BINTI YAHAYA 7. ) MUHAMAD FARHAN BIN MISNAN 8. ) MOHD ASMIZAL BIN CHE MAT 9. ) NIK ALYANI BINTI NIK AB

The statutory completion period in Form H controlled; the purported extension was ineffective, the developer breached statutory obligations by late delivery; the developer made actionable misrepresentations in marketing materials inducing purchases; plaintiffs entitled to damages and rectification for defects within the defects liability period; parent company not vicariously liable absent evidence of control. Remedies awarded accordingly.

Citation
WA-22NCvC-296-05/2019 (Mahkamah Tinggi)
Parties
Plaintiffs (representative): 122 Plaintiffs (purchasers of Eclipse Residence); 1st Defendant (developer): Wawasan Rajawali Sdn Bhd; 2nd Defendant (parent Company): OSK Property Holdings Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 November 2022
Case Number
WA-22NCvC-296-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Representative Action (housing Development/sale of Apartments) / Judgment Following Full Trial
Outcome
Judgment for Plaintiffs against 1st Defendant (Wawasan Rajawali Sdn Bhd); claim against 2nd Defendant (OSK Property Holdings Berhad) dismissed.
Legal Topics
Misrepresentation, Late Delivery/vacant Possession, Defects and Rectification, Aggravated Damages, Vicarious Liability, Statutory Housing Sale Agreements
Source Language
Malay/English
Contract Tort Property Law Company Law Misrepresentation Late Delivery/vacant Possession Defects and Rectification Aggravated Damages +2 more

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Parties

122 Plaintiffs (purchasers of Eclipse Residence)

Plaintiffs (representative)

Wawasan Rajawali Sdn Bhd

1st Defendant (developer)

OSK Property Holdings Berhad

2nd Defendant (parent Company)

Procedural Posture

Civil Representative Action (housing Development/sale of Apartments) / Judgment Following Full Trial

Legal Issues

  1. 1 Whether delivery of vacant possession exceeded statutory 36 months and whether extension was legally effective
  2. 2 Whether marketing brochures and sales representations amounted to actionable misrepresentation
  3. 3 Appropriate remedies and quantum for loss of enjoyment, defects and late delivery

Ratio Decidendi

The statutory completion period in Form H controlled; the purported extension was ineffective, the developer breached statutory obligations by late delivery; the developer made actionable misrepresentations in marketing materials inducing purchases; plaintiffs entitled to damages and rectification for defects within the defects liability period; parent company not vicariously liable absent evidence of control. Remedies awarded accordingly.

Court Disposition

Judgment for Plaintiffs against 1st Defendant (Wawasan Rajawali Sdn Bhd); claim against 2nd Defendant (OSK Property Holdings Berhad) dismissed.

Orders

  • 1st Defendant liable for late delivery of vacant possession; damages for late delivery to be paid to each Plaintiff in accordance with amounts claimed in the amended Statement of Claim
  • 1st Defendant to pay RM50,000 to each Plaintiff for loss of enjoyment arising from misrepresentation