HO SAY LAN @ HOR YOKE LAN TOTAL SOLID HOLDINGS SDN. BHD.

HO SAY LAN @ HOR YOKE LAN TOTAL SOLID HOLDINGS SDN. BHD.

Plaintiff established a prima facie case but defendant raised bona fide triable issues — lawful extensions granted before agreement, plaintiff's knowledge/estoppel, plaintiff's payment delay and Covid-related extensions — therefore case unsuitable for summary judgment; appeal dismissed and lower decision and costs affirmed.

Citation
WA-11ANCvC-57-05/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ho Say Lan @ Hor Yoke Lan; Respondent/defendant: Total Solid Holdings Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2022
Case Number
WA-11ANCvC-57-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Dismissal of Order 14 Application / Decision on Appeal and Order 14 Summary Judgment Application
Outcome
Appeal dismissed; case not suitable for summary judgment due to triable issues raised by defendant; lower decision and costs affirmed.
Legal Topics
Order 14 Summary Judgment, Sale and Purchase Agreement, Vacant Possession Delay, Extension of Time, Estoppel, Pre Judgment Interest, Damages
Source Language
Malay/English
Contract Property Law Civil Procedure Housing Development Law Order 14 Summary Judgment Sale and Purchase Agreement Vacant Possession Delay Extension of Time +3 more

Case Brief

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Parties

Ho Say Lan @ Hor Yoke Lan

Appellant/plaintiff

Total Solid Holdings Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal Against Dismissal of Order 14 Application / Decision on Appeal and Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment under Order 14
  2. 2 Whether clause in sale agreement providing 54 months vacant possession was invalid under Schedule H
  3. 3 Whether defendant had lawful authority to extend vacant possession period from 36 to 54 months

Ratio Decidendi

Plaintiff established a prima facie case but defendant raised bona fide triable issues — lawful extensions granted before agreement, plaintiff's knowledge/estoppel, plaintiff's payment delay and Covid-related extensions — therefore case unsuitable for summary judgment; appeal dismissed and lower decision and costs affirmed.

Court Disposition

Appeal dismissed; case not suitable for summary judgment due to triable issues raised by defendant; lower decision and costs affirmed.

Orders

  • Appeal dismissed
  • Costs of RM4,000.00 to be paid by appellant subject to taxation