EXCELENTE AMIGOS SDN BHD MAH SING PROPERTIES SDN BHD

EXCELENTE AMIGOS SDN BHD MAH SING PROPERTIES SDN BHD

Contemporaneous evidence established that delay was caused by TNB's incomplete external electrical infrastructure works beyond the Vendor's control; the Architect's opinion, the Engineer's certifications and the Defendant's notices collectively satisfied Clauses 15.1 and 20.2 of the SPA; the Defendant discharged the burden of proving force majeure and the Sessions Court's dismissal of the Plaintiff's LAD claim was correct.

Citation
JA-12BNCvC-24-10/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: EXCELENTE AMIGOS SDN BHD; Respondent/defendant: MAH SING PROPERTIES SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
JA-12BNCvC-24-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (contract Dispute) / Decision on Appeal (judgment Delivered)
Outcome
Appeal dismissed; decision of the Sessions Court affirmed
Legal Topics
Force Majeure, Liquidated Agreed Damages, Extension of Time, Pleadings, Admissibility of Evidence, Stare Decisis
Source Language
Malay/English
Contract Law Construction Law Property Law Civil Procedure Evidence Law Force Majeure Liquidated Agreed Damages Extension of Time +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

EXCELENTE AMIGOS SDN BHD

Appellant/plaintiff

MAH SING PROPERTIES SDN BHD

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court (contract Dispute) / Decision on Appeal (judgment Delivered)

Legal Issues

  1. 1 Whether extensions of time under the SPA were valid and enforceable under Clauses 15.1 and 20.2
  2. 2 Whether the delay in delivery of vacant possession was caused by circumstances beyond the Vendor's control (force majeure)
  3. 3 Whether the Defendant discharged the burden of proving force majeure

Ratio Decidendi

Contemporaneous evidence established that delay was caused by TNB's incomplete external electrical infrastructure works beyond the Vendor's control; the Architect's opinion, the Engineer's certifications and the Defendant's notices collectively satisfied Clauses 15.1 and 20.2 of the SPA; the Defendant discharged the burden of proving force majeure and the Sessions Court's dismissal of the Plaintiff's LAD claim was correct.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed

Orders

  • Appeal dismissed
  • Sessions Court decision affirmed