AMPROJEK CONSTRUCTION SDN BHD LOO KUO FONG

AMPROJEK CONSTRUCTION SDN BHD LOO KUO FONG

The Controller's extension was invalid because regulation 11(3) is ultra vires and cannot alter the mandatory Schedule H statutory contract; accordingly the SPA's 36-month completion term governs, LAD runs from the deposit date, there were no triable issues and summary judgment was properly entered; Ang Ming Lee applies retrospectively.

Citation
JA-12ANCvC-61-06/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Amprojek Construction Sdn Bhd; Respondent/plaintiff: Loo Kuo Fong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 January 2022
Case Number
JA-12ANCvC-61-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment / Appeal From Sessions Court (order 14 Application for Summary Judgment)
Outcome
Appeal dismissed with costs
Legal Topics
Summary Judgment, Statutory Contract (schedule H), Extension of Time by Controller, Liquidated Ascertained Damages, Retrospective Effect of Precedent, Judicial Review Vs Contractual Remedy
Source Language
Malay/English
Housing Law Contract Law Administrative Law Civil Procedure Summary Judgment Statutory Contract (schedule H) Extension of Time by Controller Liquidated Ascertained Damages +2 more

Case Brief

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Parties

Amprojek Construction Sdn Bhd

Appellant/defendant

Loo Kuo Fong

Respondent/plaintiff

Procedural Posture

Civil Appeal Against Summary Judgment / Appeal From Sessions Court (order 14 Application for Summary Judgment)

Legal Issues

  1. 1 Whether the Controller's extension of time was valid or ultra vires
  2. 2 Whether there were triable issues precluding summary judgment
  3. 3 Proper basis for calculating LAD (date deposit/booking fee paid)

Ratio Decidendi

The Controller's extension was invalid because regulation 11(3) is ultra vires and cannot alter the mandatory Schedule H statutory contract; accordingly the SPA's 36-month completion term governs, LAD runs from the deposit date, there were no triable issues and summary judgment was properly entered; Ang Ming Lee applies retrospectively.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Sessions Court summary judgment in favour of respondent upheld