LUWE XIN HUI ASIA TELEVISION DIGITAL MEDIA (MALAYSIA) SDN. BHD.

LUWE XIN HUI ASIA TELEVISION DIGITAL MEDIA (MALAYSIA) SDN. BHD.

Defendant failed to file a defence within the prescribed period after service and did not file any affidavit to explain the delay or to dispute plaintiff's evidence; plaintiff's evidence therefore stands unchallenged and on the balance of probabilities establishes entitlement to specific performance to transfer and register the condominium (or alternatively RM1,480,000), interest at 5% from 24.9.2023, and costs; defendant's application for leave to file defence is moot and dismissed.

Citation
WA-22NCvC-576-09/2025 (Mahkamah Tinggi)
Parties
Plaintif: LUWE XIN HUI; Defendan: ASIA TELEVISION DIGITAL MEDIA (MALAYSIA) SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2026
Case Number
WA-22NCvC-576-09/2025 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil / Application for Summary Judgment Under Aturan 81 and Interlocutory Application Under Aturan 12
Outcome
Plaintiff's application under Aturan 81 allowed; Defendant's application under Aturan 12 dismissed.
Legal Topics
Specific Performance, Damages, Default Judgment, Service of Writ, Interest, Costs
Source Language
Malay/English
Contract Equity Civil Procedure Property/strata Title Specific Performance Damages Default Judgment Service of Writ +2 more

Case Brief

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Parties

LUWE XIN HUI

Plaintif

ASIA TELEVISION DIGITAL MEDIA (MALAYSIA) SDN. BHD.

Defendan

Procedural Posture

Guaman Sivil / Application for Summary Judgment Under Aturan 81 and Interlocutory Application Under Aturan 12

Legal Issues

  1. 1 Whether plaintiff entitled to specific performance to compel transfer and registration of strata title for condominium
  2. 2 Whether alternative award of RM1,480,000 payable if specific performance is not practicable
  3. 3 Whether defendant's failure to file defence/affidavit justifies summary judgment

Ratio Decidendi

Defendant failed to file a defence within the prescribed period after service and did not file any affidavit to explain the delay or to dispute plaintiff's evidence; plaintiff's evidence therefore stands unchallenged and on the balance of probabilities establishes entitlement to specific performance to transfer and register the condominium (or alternatively RM1,480,000), interest at 5% from 24.9.2023, and costs; defendant's application for leave to file defence is moot and dismissed.

Court Disposition

Plaintiff's application under Aturan 81 allowed; Defendant's application under Aturan 12 dismissed.

Orders

  • Defendan to take all necessary steps within 14 days from date of judgment to transfer and register the whole undivided unit (1/1) of Picasso Residence Jalan Ampang Condominium in the name of the Plaintif and hand over original strata title document and vacant possession with keys, at defendant's cost, including...
  • All costs and expenses including solicitors' fees, stamp duties and real property gains tax (if any) for the transfer and registration of title of the said unit to be borne and paid by the Defendan.