Sure Commerce Sdn Bhd Soon Chin Chye & 24 Lagi

Sure Commerce Sdn Bhd Soon Chin Chye & 24 Lagi

The Court held that the Jazz Suites are housing accommodation within the HDA 1966 and the SPAs must conform to Schedule H; accordingly delivery of vacant possession is computed as 36 months from the date of the SPA and Developer is liable for liquidated damages until the Certificate of Completion and Compliance dated 21 April 2017; clause 25 of the SPA precludes purchasers from indemnifying the developer for GST in the circumstances and the developer must refund GST collected; settlement agreements premised on SPA provisions inconsistent with the HDA are void for illegality; Appeal 51 allowed, Appeal 63 dismissed, High Court decision set aside except on GST finding, Sessions Court order...

Citation
P-04(NCvC)(W)-63-02/2022 (Mahkamah Rayuan)
Parties
Purchaser: SOON CHIN CHYE; Purchaser: LEE PENG SOON; Purchaser: NG THEAN GIN; Purchaser: HU SHU-FENG; Purchaser: TAN CHEAN PHEEN; Purchaser: TAN HONG SOON; Purchaser: TAN CHEN PHEEN; Purchaser: LIM HEE HOON; Purchaser: OOI KUAN YONG; Purchaser: LOH YEOK CHUAN; Purchaser: LOH BEE HOON; Purchaser: TOH GIAP CHYE; Purchaser: SHERINE FOO SIEW MAY; Purchaser: LOH SAW HOON; Purchaser: LOH YOK YEONG; Purchaser: EILLIAN LOONG; Purchaser: YEOH GUAN PENG; Purchaser: YEOH WAN CHEANG; Purchaser: LEE AI PIN; Purchaser: OOI YEOW PENG; Purchaser: OOI KIM BENG; Purchaser: THAM WOOI LOON; Purchaser: LEE HENG GEE; Purchaser: QUAH JUHUI; Purchaser: JOSEPH CHAI CHEONG KUI; Developer: SURE COMMERCE SDN BHD
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
P-04(NCvC)(W)-63-02/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Re Hearing (final)
Outcome
Appeal 51 allowed; Appeal 63 dismissed; High Court decision set aside except in relation to GST finding; Sessions Court order reinstated in substantive respects.
Legal Topics
Applicability of Housing Development Act 1966, Liquidated Damages for Late Delivery of Vacant Possession, Interpretation of Sale and Purchase Agreement Clause on GST Indemnity, Validity of Settlement Agreements and Illegality, Service Charges and Sinking Fund Obligations, Late Payment Interest
Source Language
Malay/English
Contract Law Property Law Housing Development (control and Licensing) Tax Law (gst) Civil Procedure Applicability of Housing Development Act 1966 Liquidated Damages for Late Delivery of Vacant Possession Interpretation of Sale and Purchase Agreement Clause on GST Indemnity +3 more

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Parties

SOON CHIN CHYE

Purchaser

LEE PENG SOON

Purchaser

NG THEAN GIN

Purchaser

HU SHU-FENG

Purchaser

TAN CHEAN PHEEN

Purchaser

TAN HONG SOON

Purchaser

TAN CHEN PHEEN

Purchaser

LIM HEE HOON

Purchaser

OOI KUAN YONG

Purchaser

LOH YEOK CHUAN

Purchaser

LOH BEE HOON

Purchaser

TOH GIAP CHYE

Purchaser

SHERINE FOO SIEW MAY

Purchaser

LOH SAW HOON

Purchaser

LOH YOK YEONG

Purchaser

EILLIAN LOONG

Purchaser

YEOH GUAN PENG

Purchaser

YEOH WAN CHEANG

Purchaser

LEE AI PIN

Purchaser

OOI YEOW PENG

Purchaser

OOI KIM BENG

Purchaser

THAM WOOI LOON

Purchaser

LEE HENG GEE

Purchaser

QUAH JUHUI

Purchaser

JOSEPH CHAI CHEONG KUI

Purchaser

SURE COMMERCE SDN BHD

Developer

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Re Hearing (final)

Legal Issues

  1. 1 Whether the Jazz Suites are 'housing accommodation' and the SPAs are subject to the HDA 1966
  2. 2 Proper computation and accrual date for liquidated damages for late delivery of vacant possession
  3. 3 Whether clause 25 of the SPA obliges Purchasers to indemnify Developer for GST (output tax) and whether GST collected must be refunded

Ratio Decidendi

The Court held that the Jazz Suites are housing accommodation within the HDA 1966 and the SPAs must conform to Schedule H; accordingly delivery of vacant possession is computed as 36 months from the date of the SPA and Developer is liable for liquidated damages until the Certificate of Completion and Compliance dated 21 April 2017; clause 25 of the SPA precludes purchasers from indemnifying the developer for GST in the circumstances and the developer must refund GST collected; settlement agreements premised on SPA provisions inconsistent with the HDA are void for illegality; Appeal 51 allowed, Appeal 63 dismissed, High Court decision set aside except on GST finding, Sessions Court order...

Court Disposition

Appeal 51 allowed; Appeal 63 dismissed; High Court decision set aside except in relation to GST finding; Sessions Court order reinstated in substantive respects.

Orders

  • Declare that the period for delivery of vacant possession of the Jazz Suites is 36 months from the date of each SPA and Developer liable for liquidated damages until issuance of Certificate of Completion and Compliance dated 21 April 2017
  • Developer to refund GST amounts charged to Purchasers as claimed (refunds ordered in respect of the individual session court suits as per the schedule in the High Court GOJ)