1. ) LIEW YIN SIN 2. ) LEW CHAK KONG COUNTRY GARDEN DANGA BAY SDN. BHD.

1. ) LIEW YIN SIN 2. ) LEW CHAK KONG COUNTRY GARDEN DANGA BAY SDN. BHD.

The court struck out the writ and statement of claim because the plaintiffs' causes of action were time-barred under the Limitation Act (claims accrued from the date of the sale agreement and exceeded the six-year limitation), such that the pleadings disclosed no reasonable cause of action; ancillary procedural...

Source-derived case information.

Citation
JA-A72NCvC-67-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: LIEW YIN SIN; Plaintiff: LEW CHAK KONG; Defendant: COUNTRY GARDEN DANGA BAY SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
JA-A72NCvC-67-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil (contract Housing Development) / Interlocutory Appeal Against Striking Out Order
Outcome
Defendant's application to strike out the writ and statement of claim allowed; writ and statement of claim set aside.
Legal Topics
Liquidated Ascertained Damages, Striking Out (order 18 R 19 Rules of Court 2012), Locus Standi, Developer Regulation (jadual H)
Contract Civil Procedure Property Law Limitation Law Liquidated Ascertained Damages Striking Out (order 18 R 19 Rules of Court 2012) Locus Standi Developer Regulation (jadual H)

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Parties

LIEW YIN SIN

Plaintiff

LEW CHAK KONG

Plaintiff

COUNTRY GARDEN DANGA BAY SDN. BHD.

Defendant

Procedural Posture

Civil (contract Housing Development) / Interlocutory Appeal Against Striking Out Order

  1. 1 Validity of contractual amendment to completion period (clause 25(1))
  2. 2 Whether plaintiffs' LAD claims are time-barred under Limitation Act
  3. 3 Locus standi of purchasers after assignment of unit to bank

Ratio Decidendi

The court struck out the writ and statement of claim because the plaintiffs' causes of action were time-barred under the Limitation Act (claims accrued from the date of the sale agreement and exceeded the six-year limitation), such that the pleadings disclosed no reasonable cause of action; ancillary procedural irregularities were not prejudicial but immaterial to the decisive limitation bar.

Court Disposition

Defendant's application to strike out the writ and statement of claim allowed; writ and statement of claim set aside.

Orders

  • Writ of summons and statement of claim struck out and dismissed
  • Costs awarded to Defendant in the sum of RM1500.00