ORION CHOICE SDN. BHD. BELLAJADE SDN BHD

ORION CHOICE SDN. BHD. BELLAJADE SDN BHD

The Court of Appeal held the SPA constituted an en bloc sale of the entire building; clause 7A and the First Schedule must be interpreted to refer to the entirety of the classified floors (not only lettable strata parcels); the defendant's strata method was contrary to the SPA and the Court of Appeal direction; the High Court decision was set aside and judgment entered for the plaintiff for RM1,048,248.00 (for excess area of 422 sq m) with interest and costs; the defendant's counterclaim was dismissed.

Citation
W-02(NCvC)(W)-133-01/2020 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Orion Choice Sdn. Bhd.; Respondent / Defendant: Bellajade Sdn. Bhd.
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
13 February 2023
Case Number
W-02(NCvC)(W)-133-01/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal
Outcome
Appeal allowed in part; High Court decision set aside; judgment entered for Plaintiff-Appellant.
Legal Topics
Sale and Purchase Agreement, Contract Interpretation, Measurement Dispute, Adjustment Clause (clause 7 A), Counterclaim, Quantum of Damages, Interest, Costs
Source Language
Malay/English
Contract Property Civil Procedure Commercial Law Specific Relief Sale and Purchase Agreement Contract Interpretation Measurement Dispute +5 more

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Parties

Orion Choice Sdn. Bhd.

Appellant / Plaintiff

Bellajade Sdn. Bhd.

Respondent / Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal

Legal Issues

  1. 1 Whether the SPA is an en bloc sale of the entire building or a strata sale
  2. 2 Whether the Court of Appeal direction required re-measurement by lettable strata parcels only
  3. 3 Whether the defendant may exclude non-lettable portions (stairs, lobbies, toilets, ramps, corridors, lift areas, etc.) in calculating final area

Ratio Decidendi

The Court of Appeal held the SPA constituted an en bloc sale of the entire building; clause 7A and the First Schedule must be interpreted to refer to the entirety of the classified floors (not only lettable strata parcels); the defendant's strata method was contrary to the SPA and the Court of Appeal direction; the High Court decision was set aside and judgment entered for the plaintiff for RM1,048,248.00 (for excess area of 422 sq m) with interest and costs; the defendant's counterclaim was dismissed.

Court Disposition

Appeal allowed in part; High Court decision set aside; judgment entered for Plaintiff-Appellant.

Orders

  • Judgment entered for the Plaintiff-Appellant for RM1,048,248.00 (adjustment for excess of floor area of 422 square meters)
  • No adjustments are to be made in respect of the Car & Motorcycle Parking Floors as there was no change in the total number of parking lots/bays