1. ) LEE MENG HUNG 2. ) TAN LEA HUH ERA UNIVERSE DEVELOPMENT SDN BHD

1. ) LEE MENG HUNG 2. ) TAN LEA HUH ERA UNIVERSE DEVELOPMENT SDN BHD

The court held the Act 829 exclusion did not apply because the subject property is commercial and not a housing accommodation under the prescribed SPA schedules; the 36-month delivery period ran from the developer's written notification of non-Bumiputera status dated 30.6.2017, therefore delay is computed from 30.6.2020 to 14.6.2022; defendant had no meritorious defence and plaintiffs were entitled to liquidated damages of RM136,988.90; summary judgment under Order 14 KKM 2012 was granted with costs RM3,000.00.

Citation
JA-A52NCvC-185-06/2024 (Mahkamah Sesyen)
Parties
Plaintiff: LEE MENG HUNG; Plaintiff: TAN LEA HUH; Defendant: ERA UNIVERSE DEVELOPMENT SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 December 2024
Case Number
JA-A52NCvC-185-06/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Suit / Summary Judgment Application Under Order 14 KKM 2012
Outcome
summary judgment granted in favour of the plaintiffs
Legal Topics
Summary Judgment, Liquidated Damages, Vacant Possession, Condition Precedent, Statutory Modification (covid 19 Act 2020), Contract Interpretation
Source Language
Malay/English
Contract Law Property Law Housing Development Law Civil Procedure Summary Judgment Liquidated Damages Vacant Possession Condition Precedent +2 more

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Parties

LEE MENG HUNG

Plaintiff

TAN LEA HUH

Plaintiff

ERA UNIVERSE DEVELOPMENT SDN. BHD.

Defendant

Procedural Posture

Civil Suit / Summary Judgment Application Under Order 14 KKM 2012

Legal Issues

  1. 1 Whether the exclusion period under Temporary Measures (COVID-19) Act 2020 (Act 829) applies to a commercial office LOT that is not a prescribed SPA housing accommodation
  2. 2 When the 36-month period for delivery of vacant possession begins given the Overriding Agreement and developer's written notification
  3. 3 Whether there are triable issues of fact preventing summary judgment

Ratio Decidendi

The court held the Act 829 exclusion did not apply because the subject property is commercial and not a housing accommodation under the prescribed SPA schedules; the 36-month delivery period ran from the developer's written notification of non-Bumiputera status dated 30.6.2017, therefore delay is computed from 30.6.2020 to 14.6.2022; defendant had no meritorious defence and plaintiffs were entitled to liquidated damages of RM136,988.90; summary judgment under Order 14 KKM 2012 was granted with costs RM3,000.00.

Court Disposition

summary judgment granted in favour of the plaintiffs

Orders

  • Judgment for plaintiffs for liquidated damages in the sum of RM136,988.90
  • Costs awarded to plaintiffs in the sum of RM3,000.00 to be paid by the defendant