LKPP PROPERTY SDN BHD KEMUNCAK LAKSANA SDN BHD

LKPP PROPERTY SDN BHD KEMUNCAK LAKSANA SDN BHD

On the evidence the court found Kemuncak received proceeds for LKPP's 16 sold units in the developer HDA but failed to pay LKPP as required by Clause 10.2(l); LKPP proved breach and recovery of RM1,961,060 with interest at 5% p.a. was awarded; LKPP failed to prove entitlement to LAD under the pleaded clauses; Kemuncak failed to prove LKPP delayed the STP so as to justify withholding payments or sustain its counterclaims; LKPP was entitled to contribution for infrastructure costs of RM837,551 and damages for 109 uncompleted owner units of RM22,127,000; Kemuncak's counterclaims were dismissed; costs awarded RM30,000 per suit (subject to allocatur).

Citation
WA-22C-4-01/2018 (Mahkamah Tinggi)
Parties
Plaintiff (suit WA 22 C 4 01/2018); Defendant (suit WA 22 C 14 02/2019): LKPP Property Sdn Bhd; Defendant (suit WA 22 C 4 01/2018); Plaintiff (suit WA 22 C 14 02/2019): Kemuncak Laksana Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2021
Case Number
WA-22C-4-01/2018 (Mahkamah Tinggi)
Procedural Posture
Construction Civil Suit (consolidated) / Judgment (grounds of Judgment Delivered)
Outcome
Judgment for LKPP Property in part and for Kemuncak in part: LKPP awarded proceeds, infrastructure contribution and damages; Kemuncak's claims and counterclaims largely dismissed.
Legal Topics
Breach of Contract, Termination, Damages Assessment, Liquidated Damages, Variation and Amendment of Contracts, Estoppel by Convention, Specific Performance (not Pursued), Infrastructure Cost Sharing
Source Language
Malay/English
Contract Law Construction Law Property Law Civil Procedure Administrative/regulatory Compliance Breach of Contract Termination Damages Assessment +5 more

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Parties

LKPP Property Sdn Bhd

Plaintiff (suit WA 22 C 4 01/2018); Defendant (suit WA 22 C 14 02/2019)

Kemuncak Laksana Sdn Bhd

Defendant (suit WA 22 C 4 01/2018); Plaintiff (suit WA 22 C 14 02/2019)

Procedural Posture

Construction Civil Suit (consolidated) / Judgment (grounds of Judgment Delivered)

Legal Issues

  1. 1 Entitlement to proceeds of sale and right to withhold payment
  2. 2 Entitlement to liquidated/ascertained damages for late delivery
  3. 3 Responsibility and timing for construction of additional infrastructure (STP) and whether delay occurred

Ratio Decidendi

On the evidence the court found Kemuncak received proceeds for LKPP's 16 sold units in the developer HDA but failed to pay LKPP as required by Clause 10.2(l); LKPP proved breach and recovery of RM1,961,060 with interest at 5% p.a. was awarded; LKPP failed to prove entitlement to LAD under the pleaded clauses; Kemuncak failed to prove LKPP delayed the STP so as to justify withholding payments or sustain its counterclaims; LKPP was entitled to contribution for infrastructure costs of RM837,551 and damages for 109 uncompleted owner units of RM22,127,000; Kemuncak's counterclaims were dismissed; costs awarded RM30,000 per suit (subject to allocatur).

Court Disposition

Judgment for LKPP Property in part and for Kemuncak in part: LKPP awarded proceeds, infrastructure contribution and damages; Kemuncak's claims and counterclaims largely dismissed.

Orders

  • LKPP Property Sdn Bhd awarded RM1,961,060.00 for proceeds of sale from Kemuncak Laksana Sdn Bhd with interest at 5% per annum from 27.7.2017 until full settlement
  • Kemuncak Laksana Sdn Bhd's counterclaim in WA-22C-4-01/2018 dismissed