KHOO SOON LEE REALTY SDN BHD (COMPANY NO: 66384-P) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH Kementerian Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan 2. TAN LOY KEONG [NRIC No.: 571202016529]

KHOO SOON LEE REALTY SDN BHD (COMPANY NO: 66384-P) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH Kementerian Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan 2. TAN LOY KEONG [NRIC No.: 571202016529]

The application is allowed in part: (1) "ready for connection" must be read so that vacant possession is effective only when electricity and water supply are available to individual parcels (i.e. purchaser can switch on electricity and water will flow); (2) late delivery damages period runs from scheduled delivery...

Source-derived case information.

Citation
JA-25-17-04/2018 (Mahkamah Tinggi)
Parties
Applicant (developer): KHOO SOON LEE REALTY SDN BHD; 1st Respondent (tribunal): TRIBUNAL TUNTUTAN PEMBELI RUMAH (Ministry); 2nd Respondent (homebuyer): TANLOY KEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2020
Case Number
JA-25-17-04/2018 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Judgment (leave Granted; Decision Dated 31 May 2020)
Outcome
Application allowed in part; Tribunal awards quashed in respect of settled parties; directions issued on calculation of late delivery charges.
Legal Topics
Construction of Sale and Purchase Agreement, Vacant Possession, Calculation of Liquidated Damages for Late Delivery, Jurisdiction and Review of Tribunal Decision, Effect of Prior Settlement/consent Judgment, Promissory Estoppel
Administrative Law Housing Law Contract Law Civil Procedure Construction of Sale and Purchase Agreement Vacant Possession Calculation of Liquidated Damages for Late Delivery Jurisdiction and Review of Tribunal Decision +2 more

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Parties

KHOO SOON LEE REALTY SDN BHD

Applicant (developer)

TRIBUNAL TUNTUTAN PEMBELI RUMAH (Ministry)

1st Respondent (tribunal)

TANLOY KEONG

2nd Respondent (homebuyer)

Procedural Posture

Judicial Review / Judgment (leave Granted; Decision Dated 31 May 2020)

Legal Issues

  1. 1 Whether the Tribunal misconstrued Clause 26 of the SPA regarding "ready for connection" and effect on vacant possession
  2. 2 Whether the Tribunal miscalculated period and quantum of late delivery damages and the correct multiplicand (discounted or contract price)
  3. 3 Whether purchasers who entered prior settlements/consent judgments can still pursue claims before the Tribunal

Ratio Decidendi

The application is allowed in part: (1) "ready for connection" must be read so that vacant possession is effective only when electricity and water supply are available to individual parcels (i.e. purchaser can switch on electricity and water will flow); (2) late delivery damages period runs from scheduled delivery date (36 months from SPA signing) to the date of connection of electricity and water to each unit; (3) liquidated damages must be calculated using the actual discounted price paid by the purchaser as the multiplicand; and (4) where parties have entered a binding settlement/consent judgment, subsequent referral of the same matter to the Tribunal is null and void and Tribunal...

Court Disposition

Application allowed in part; Tribunal awards quashed in respect of settled parties; directions issued on calculation of late delivery charges.

Orders

  • Liquidated damages for late delivery to be calculated on the discounted price actually paid by each purchaser, not the pre‑discount contract price.
  • Late delivery period to be computed from scheduled delivery of vacant possession (36 months from SPA signing) until electricity and water supply are connected to individual parcel units.