LIM CHONG YEAN (NRIC No.: 620327-10-6227) 1. KOPERASI PEGAWAI HUTAN MELAYU (Registration No.: 3593) 2. KHONG YOKE BEE (NRIC No.: 770315-14-5708)

LIM CHONG YEAN (NRIC No.: 620327-10-6227) 1. KOPERASI PEGAWAI HUTAN MELAYU (Registration No.: 3593) 2. KHONG YOKE BEE (NRIC No.: 770315-14-5708)

Court held the date of breach was 10.7.2007 (failure to respond to authority's request and cumulative derelictions), not the 28.7.2016 appeal date. Lacking a valuation for 10.7.2007 the court approximated market value by interpolation from SPA 2006 and SPA 2012, determined market value at that date as RM780,000, deducted plaintiff's unjust enrichment from subletting (RM200,800), and equally divided net profit attributable to the transaction between parties because plaintiff had not paid the balance purchase price; resulting in an award to plaintiff of RM289,600 plus 5% p.a. interest and an order returning RM69,220.97 deposit.

Citation
22NCvC-583-10/2013 (Mahkamah Tinggi)
Parties
Plaintiff: Lim Chong Yean; 1st Defendant: Koperasi Pegawai Hutan Melayu; 2nd Defendant: Khong Yoke Bee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 June 2021
Case Number
22NCvC-583-10/2013 (Mahkamah Tinggi)
Procedural Posture
Writ Action (contract for Sale of Land Specific Performance/damages) / Assessment of Damages Following Court of Appeal Order Remitting Damages to High Court
Outcome
Assessment awarded in favour of Plaintiff in part
Legal Topics
Specific Performance, Assessment of Damages, Date of Breach, Valuation, Liquidated Damages Clause, Mitigation, Unjust Enrichment
Source Language
Malay/English
Contract Property Equity Civil Procedure Damages Specific Performance Assessment of Damages Date of Breach +4 more

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Parties

Lim Chong Yean

Plaintiff

Koperasi Pegawai Hutan Melayu

1st Defendant

Khong Yoke Bee

2nd Defendant

Procedural Posture

Writ Action (contract for Sale of Land Specific Performance/damages) / Assessment of Damages Following Court of Appeal Order Remitting Damages to High Court

Legal Issues

  1. 1 What is the proper date of breach for assessing damages (appeal judgment date vs earlier breach date)
  2. 2 Proper measure of damages for purchaser deprived of land
  3. 3 Whether agreed liquidated damages clause (clause 9) limits recovery

Ratio Decidendi

Court held the date of breach was 10.7.2007 (failure to respond to authority's request and cumulative derelictions), not the 28.7.2016 appeal date. Lacking a valuation for 10.7.2007 the court approximated market value by interpolation from SPA 2006 and SPA 2012, determined market value at that date as RM780,000, deducted plaintiff's unjust enrichment from subletting (RM200,800), and equally divided net profit attributable to the transaction between parties because plaintiff had not paid the balance purchase price; resulting in an award to plaintiff of RM289,600 plus 5% p.a. interest and an order returning RM69,220.97 deposit.

Court Disposition

Assessment awarded in favour of Plaintiff in part

Orders

  • Plaintiff awarded RM289,600.00 as damages payable by 1st Defendant
  • Interest on RM289,600.00 at 5% per annum from date of judgment until full payment