JOTHEE A/P KRISHNAN 1. ) CASA SUBANG SDN BHD 2. ) TETUAN LC NG & ASSOCIATES

JOTHEE A/P KRISHNAN 1. ) CASA SUBANG SDN BHD 2. ) TETUAN LC NG & ASSOCIATES

The contract and exhibited plans expressly warned that floor and unit numbering may not reflect the address approved by the local authority; the local authority renumbering (MBI) caused the unit to be designated J-1-1 while no physical substitution occurred; accordingly the developer fulfilled its contractual...

Source-derived case information.

Citation
AA-A52NCvC-21-03/2022 (Mahkamah Sesyen)
Parties
Plaintiff: JOTHEE A/P KRISHNAN; Defendant: CASA SUBANG SDN BHD; Defendant: TETUAN LC NG & ASSOCIATES
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 August 2022
Case Number
AA-A52NCvC-21-03/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Sale and Purchase Agreement Dispute (housing Unit) / Sessions Court Decision on Strike Out Applications Under Order 18 R.19; Writ and Statement of Claim Struck Out
Outcome
Application by both defendants allowed; writ and statement of claim struck out
Legal Topics
Specific Performance, Declaration, Strike Out Under Order 18 R.19, Unit Numbering/address Dispute, Solicitor Duty/conflict of Interest
Contract Property/real Property Civil Procedure Professional Negligence Administrative Law Specific Performance Declaration Strike Out Under Order 18 R.19 +2 more

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Parties

JOTHEE A/P KRISHNAN

Plaintiff

CASA SUBANG SDN BHD

Defendant

TETUAN LC NG & ASSOCIATES

Defendant

Procedural Posture

Civil Sale and Purchase Agreement Dispute (housing Unit) / Sessions Court Decision on Strike Out Applications Under Order 18 R.19; Writ and Statement of Claim Struck Out

  1. 1 Whether the developer breached the Sale and Purchase Agreement by delivering a unit with a different approved address/number
  2. 2 Whether the change of unit numbering by local authority negates any breach by the developer
  3. 3 Whether the pleadings disclose a reasonable cause of action or are frivolous/vexatious/abuse of process under Order 18 r.19

Ratio Decidendi

The contract and exhibited plans expressly warned that floor and unit numbering may not reflect the address approved by the local authority; the local authority renumbering (MBI) caused the unit to be designated J-1-1 while no physical substitution occurred; accordingly the developer fulfilled its contractual obligations and the solicitors did not breach duties; the plaintiff's claims disclosed no reasonable cause of action and were struck out as frivolous/abusive under Order 18 r.19.

Court Disposition

Application by both defendants allowed; writ and statement of claim struck out

Orders

  • Allow defendants' applications in Annexures 5 and 13
  • Writ and Statement of Claim struck out/dismissed