BJ Homes Development Sdn Bhd Diana Khoo Wee Ling & 3 Lagi

BJ Homes Development Sdn Bhd Diana Khoo Wee Ling & 3 Lagi

The appeal was allowed and summary judgment set aside because there were genuine triable issues: the deeds of assignment had missing pages so it could not be determined whether assignments were absolute (which would engage s22C notice requirements), and there was a triable issue whether the 9% discount operated as a set-off against liquidated damages; therefore summary judgment was not appropriate.

Citation
WA-12ANCVC-310-12/2019 (Mahkamah Tinggi)
Parties
Appellant: BJ Homes Development Sdn Bhd; Respondent: Diana Khoo Wee Ling; Respondent: Christopher Khoo Chee Siong; Respondent: Koh Peng Kim; Respondent: Joanne Khoo Wai Ling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 August 2020
Case Number
WA-12ANCVC-310-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court Summary Judgment to High Court
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Assignment, Locus Standi, Summary Judgment, Liquidated Ascertained Damages, Set Off, Notification to Financier (s22 C Hda)
Source Language
Malay/English
Housing Law Contract Law Property Law Civil Procedure Assignment Locus Standi Summary Judgment Liquidated Ascertained Damages +2 more

Case Brief

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Parties

BJ Homes Development Sdn Bhd

Appellant

Diana Khoo Wee Ling

Respondent

Christopher Khoo Chee Siong

Respondent

Koh Peng Kim

Respondent

Joanne Khoo Wai Ling

Respondent

Procedural Posture

Civil Appeal / Appeal From Sessions Court Summary Judgment to High Court

Legal Issues

  1. 1 Whether the respondents retained locus standi to sue after assignment of their sale agreements to banks
  2. 2 Whether the assignments were absolute assignments or assignments by way of charge
  3. 3 Whether notice to the financiers was required under section 22C of the Housing Development Act

Ratio Decidendi

The appeal was allowed and summary judgment set aside because there were genuine triable issues: the deeds of assignment had missing pages so it could not be determined whether assignments were absolute (which would engage s22C notice requirements), and there was a triable issue whether the 9% discount operated as a set-off against liquidated damages; therefore summary judgment was not appropriate.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Summary judgment granted by the Sessions Court is set aside
  • Matter remitted for trial or further proceedings to determine the triable issues