DATO DR. ZAHA RINA BINTI ZAHARI KOPERASI KAKITANGAN PETRONAS BERHAD

DATO DR. ZAHA RINA BINTI ZAHARI KOPERASI KAKITANGAN PETRONAS BERHAD

Plaintiff satisfied Order 14 prerequisites and produced evidence (including defendant's email) showing vacant possession was only delivered on 07.01.2021, a delay from the contractual date 31.10.2020. The clear lease term (clause 3.15) entitled plaintiff to liquidated damages equal to double rent; summary judgment...

Source-derived case information.

Citation
WA-A72NCvC-5067-08/2021 (Mahkamah Majistret)
Parties
Plaintiff: Dato Dr. Zaha Rina binti Zahari; Defendant: Koperasi Kakitangan Petronas Berhad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 January 2022
Case Number
WA-A72NCvC-5067-08/2021 (Mahkamah Majistret)
Procedural Posture
Civil Breach of Lease / Claim for Damages and Liquidated Damages / Application for Summary Judgment Under Order 14 Rules of Court 2012 (summary Judgment Stage)
Outcome
Partial summary judgment granted for plaintiff on liquidated damages claim; remaining claims reserved for full trial
Legal Topics
Lease Agreement, Vacant Possession, Repair Obligations, Liquidated Damages, Summary Judgment, Deposit Set Off, Sub‑tenancy Defence
Contract Property Civil Procedure Lease Agreement Vacant Possession Repair Obligations Liquidated Damages Summary Judgment +2 more

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Parties

Dato Dr. Zaha Rina binti Zahari

Plaintiff

Koperasi Kakitangan Petronas Berhad

Defendant

Procedural Posture

Civil Breach of Lease / Claim for Damages and Liquidated Damages / Application for Summary Judgment Under Order 14 Rules of Court 2012 (summary Judgment Stage)

  1. 1 Whether defendant breached repair and vacant possession obligations under the lease
  2. 2 Whether plaintiff is entitled to contractual liquidated damages equal to double rent under clause 3.15 for late delivery of vacant possession
  3. 3 Whether plaintiff's claimed repair costs balance can be decided on summary judgment

Ratio Decidendi

Plaintiff satisfied Order 14 prerequisites and produced evidence (including defendant's email) showing vacant possession was only delivered on 07.01.2021, a delay from the contractual date 31.10.2020. The clear lease term (clause 3.15) entitled plaintiff to liquidated damages equal to double rent; summary judgment granted for that contractual sum. The balance repair cost claim lacked sufficient affidavit evidence to decide without full trial, so that portion must proceed to full hearing. The defendant's sub‑tenant argument failed because the lease was between plaintiff and defendant and binds those parties.

Court Disposition

Partial summary judgment granted for plaintiff on liquidated damages claim; remaining claims reserved for full trial

Orders

  • Judgment entered in favour of plaintiff against defendant for RM60,000.00 as liquidated damages (double rent)
  • Costs of the summary judgment application ordered in favour of plaintiff in the sum of RM1,000.00