1. ) DANNY FOO SEK HAN 2. ) MOHD RUSDI BIN DRAMAN @ YUSOF 3. ) MARDZIAH BINTI MOHAMAD 4. ) KEE E-LENE 5. ) NG SAI HOH @ NG SAY HOE 6. ) NG WEI LIN 7. ) TAN TAT CHIN @ TAN MAI 8. ) YEOH SHEAU IONG 9. ) YEOH TIONG TEE REALTY SDN BHD 10. ) CHR

1. ) DANNY FOO SEK HAN 2. ) MOHD RUSDI BIN DRAMAN @ YUSOF 3. ) MARDZIAH BINTI MOHAMAD 4. ) KEE E-LENE 5. ) NG SAI HOH @ NG SAY HOE 6. ) NG WEI LIN 7. ) TAN TAT CHIN @ TAN MAI 8. ) YEOH SHEAU IONG 9. ) YEOH TIONG TEE REALTY SDN BHD 10. ) CHR

The court found the first defendant met the high threshold for striking out: the 54‑month EOT was validly approved by the Minister (as established in earlier third‑party proceedings), the plaintiffs' LAD claims dependent on that EOT were therefore plainly unsustainable, the proper remedy was judicial review, many claims were time‑barred, and 78 plaintiffs were bound by valid settlement letters; accordingly paragraphs 103–122 and 141(a)–(d) of the Amended Statement of Claim were struck out.

Citation
WA-22NCvC-183-03/2021 (Mahkamah Tinggi)
Parties
Plaintiffs: Danny Foo Sek Han and 124 others; First Defendant: KL Eco City Sdn Bhd; Second Defendant: Datuk Bandar Kuala Lumpur
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 January 2023
Case Number
WA-22NCvC-183-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Interlocutory Striking Out Judgment (order 18 R.19 Application)
Outcome
Allowed the first defendant's application to strike out specified paragraphs of the Amended Statement of Claim
Legal Topics
Extension of Time (eot), Liquidated Damages (lad), Judicial Review Vs Writ, Limitation, Settlement Agreements (accord and Satisfaction), Abuse of Process, Striking Out Pleadings
Source Language
Malay/English
Civil Procedure Administrative Law Contract Law Property/housing Law Extension of Time (eot) Liquidated Damages (lad) Judicial Review Vs Writ Limitation +3 more

Case Brief

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Parties

Danny Foo Sek Han and 124 others

Plaintiffs

KL Eco City Sdn Bhd

First Defendant

Datuk Bandar Kuala Lumpur

Second Defendant

Procedural Posture

Civil Suit / Interlocutory Striking Out Judgment (order 18 R.19 Application)

Legal Issues

  1. 1 Whether the Ministerially granted EOT was valid
  2. 2 Whether the plaintiffs' challenge should proceed by judicial review rather than writ action
  3. 3 Whether the LAD claims are time-barred by limitation

Ratio Decidendi

The court found the first defendant met the high threshold for striking out: the 54‑month EOT was validly approved by the Minister (as established in earlier third‑party proceedings), the plaintiffs' LAD claims dependent on that EOT were therefore plainly unsustainable, the proper remedy was judicial review, many claims were time‑barred, and 78 plaintiffs were bound by valid settlement letters; accordingly paragraphs 103–122 and 141(a)–(d) of the Amended Statement of Claim were struck out.

Court Disposition

Allowed the first defendant's application to strike out specified paragraphs of the Amended Statement of Claim

Orders

  • Paragraphs 103 to 122 and 141(a) to (d) of the Amended Statement of Claim dated 12 July 2021 struck out against the first defendant
  • Costs of RM8,000.00 awarded to the first defendant to be paid within 14 days