1. ) NG SOCK FOON 2. ) LIM KIM KEANG 3. ) YEN JEAN SIANG 4. ) LEE SUVEN 5. ) KONG LAI HOONG 6. ) LEE JIA MIN 7. ) ADINO GIAM LIP GHEE 8. ) PREM KUMAR A/L MARIAPPAN 9. ) PRAKASH KUMAR A/L MARIAPPAN 10. ) NAVANITHAN A/L RADZAKRISNAN 11. ) SUM

1. ) NG SOCK FOON 2. ) LIM KIM KEANG 3. ) YEN JEAN SIANG 4. ) LEE SUVEN 5. ) KONG LAI HOONG 6. ) LEE JIA MIN 7. ) ADINO GIAM LIP GHEE 8. ) PREM KUMAR A/L MARIAPPAN 9. ) PRAKASH KUMAR A/L MARIAPPAN 10. ) NAVANITHAN A/L RADZAKRISNAN 11. ) SUM

The court applied binding Federal Court and Court of Appeal authorities to hold that (1) delivery of vacant possession for LAD computation commences from the booking fee/deposit; (2) any extension of the Schedule H 36-month completion period effected via controller approval is ultra vires and the 36-month period governs; (3) the apex court decisions operate retrospectively; and (4) claims against the 93rd and 94th defendants fail because their actions were bona fide and protected by HDA s17 and G.P. Act s29, therefore the plaintiffs succeed and the defendant's counterclaim is dismissed.

Citation
BA-22NCvC-179-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff (original); Defendant (counterclaim): NG SOOK FOON & others (92 purchasers); Defendant (original); Plaintiff (counterclaim): MARIMO LAND SDN BHD; 93rd Defendant (in Counterclaim): Kementerian Perumahan dan Kerajaan Tempatan; 94th Defendant (in Counterclaim): Pengawal Perumahan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 July 2022
Case Number
BA-22NCvC-179-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Housing Development / Contract Dispute With Counterclaim / Judgment Determining Questions of Law Under Order 14 a Ro C (final Disposition)
Outcome
Plaintiffs' claim allowed; Defendant's counterclaim dismissed; counterclaim against 93rd and 94th defendants unsustainable
Legal Topics
Sale and Purchase Agreement (schedule H), Liquidated Ascertainable Damages (lad), Ultra Vires Modification of Statutory Form, Retrospectivity of Judicial Decisions, Indemnity and Protection of Public Officers
Source Language
Malay/English
Contract Law Housing Law Administrative Law Public Law Sale and Purchase Agreement (schedule H) Liquidated Ascertainable Damages (lad) Ultra Vires Modification of Statutory Form Retrospectivity of Judicial Decisions +1 more

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Parties

NG SOOK FOON & others (92 purchasers)

Plaintiff (original); Defendant (counterclaim)

MARIMO LAND SDN BHD

Defendant (original); Plaintiff (counterclaim)

Kementerian Perumahan dan Kerajaan Tempatan

93rd Defendant (in Counterclaim)

Pengawal Perumahan

94th Defendant (in Counterclaim)

Procedural Posture

Civil Housing Development / Contract Dispute With Counterclaim / Judgment Determining Questions of Law Under Order 14 a Ro C (final Disposition)

Legal Issues

  1. 1 Whether delivery of vacant possession commences from booking fee payment or date of SPA
  2. 2 Whether parties are bound by SPA where completion period was modified from 36 to 48 months via Regulation 11(3)
  3. 3 Whether purchasers can rely on original Schedule H 36-month completion period to claim LAD

Ratio Decidendi

The court applied binding Federal Court and Court of Appeal authorities to hold that (1) delivery of vacant possession for LAD computation commences from the booking fee/deposit; (2) any extension of the Schedule H 36-month completion period effected via controller approval is ultra vires and the 36-month period governs; (3) the apex court decisions operate retrospectively; and (4) claims against the 93rd and 94th defendants fail because their actions were bona fide and protected by HDA s17 and G.P. Act s29, therefore the plaintiffs succeed and the defendant's counterclaim is dismissed.

Court Disposition

Plaintiffs' claim allowed; Defendant's counterclaim dismissed; counterclaim against 93rd and 94th defendants unsustainable

Orders

  • Declaration that delivery of vacant possession for LAD calculation commences from date of booking fee/deposit and that Schedule H 36-month completion period applies
  • Federal Court decisions in Ang Ming Lee and PJD Regency apply retrospectively