TEORI WARISAN SDN. BHD. CHUA YONG SONG

TEORI WARISAN SDN. BHD. CHUA YONG SONG

The High Court found no appealable error in the Magistrates' Court decision: the facts were undisputed, the preconditions for Order 14 were satisfied, no triable issues were raised by the appellant, the alleged extension did not create a valid defence on the papers, and the Magistrates' Court had jurisdiction because the Housing Tribunal's jurisdiction is not exclusive; accordingly summary judgment was properly granted and affirmed.

Citation
JA-11BNCvC-4-06/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Teori Warisan Sdn. Bhd.; Respondent/plaintiff: Chua Yong Song
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 January 2022
Case Number
JA-11BNCvC-4-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrates' Court / High Court Rehearing on Appeal (re Hearing)
Outcome
Appeal dismissed; summary judgment of the Magistrates' Court affirmed.
Legal Topics
Late Delivery of Property, Liquidated Damages, Summary Judgment (order 14), Jurisdiction of Housing Tribunal Vs Courts, Extension of Time Under HDA Regulations
Source Language
Malay/English
Housing Law Contract Law Civil Procedure Administrative Law Consumer Protection/social Legislation Late Delivery of Property Liquidated Damages Summary Judgment (order 14) +2 more

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Parties

Teori Warisan Sdn. Bhd.

Appellant/defendant

Chua Yong Song

Respondent/plaintiff

Procedural Posture

Civil Appeal From Magistrates' Court / High Court Rehearing on Appeal (re Hearing)

Legal Issues

  1. 1 Validity and effect of the extension-of-time letter issued by the Ministry/Jabatan Perumahan under the Housing Development (Control and Licensing) Regulations
  2. 2 Whether the purchaser’s claim for liquidated damages for late delivery must be pursued in the Housing Tribunal or may be brought in the civil courts/magistrates' court
  3. 3 Whether summary judgment under Order 14 was properly granted given the absence of triable issues

Ratio Decidendi

The High Court found no appealable error in the Magistrates' Court decision: the facts were undisputed, the preconditions for Order 14 were satisfied, no triable issues were raised by the appellant, the alleged extension did not create a valid defence on the papers, and the Magistrates' Court had jurisdiction because the Housing Tribunal's jurisdiction is not exclusive; accordingly summary judgment was properly granted and affirmed.

Court Disposition

Appeal dismissed; summary judgment of the Magistrates' Court affirmed.

Orders

  • Appeal dismissed.
  • Summary judgment entered in favour of the respondent and the Magistrates' Court decision upheld.