SRI DAMANSARA SDN BHD 1. TRIBUBAL TUNTUTAN PEMBELI RUMAH 2. THONG CHEE WEI 3. TEOH SHEH WEE

SRI DAMANSARA SDN BHD 1. TRIBUBAL TUNTUTAN PEMBELI RUMAH 2. THONG CHEE WEI 3. TEOH SHEH WEE

The Court held the date for commencement of agreed liquidated damages is the date the deposit/booking fee was paid (contract formed on payment) and liquidated damages are to be calculated on the purchase price stated in the prescribed sale and purchase agreement; rebates not reflected in the agreement do not reduce the basis for damages; therefore the Tribunal and High Court decisions were correct and the appeal was dismissed.

Citation
W-01(A)-711-12/2018 (Mahkamah Rayuan)
Parties
Appellant / Developer: Sri Damansara Sdn Bhd; Respondent / Tribunal: Tribunal Tuntutan Pembeli Rumah; Respondent / Purchaser: Thong Chee Wei; Respondent / Purchaser: Teoh Sheh Wee
Court
A
Jurisdiction
Malaysia
Judgment Date
14 August 2019
Case Number
W-01(A)-711-12/2018 (Mahkamah Rayuan)
Procedural Posture
Judicial Review of Tribunal Award; Appeal From High Court to Court of Appeal / Final Disposition by Court of Appeal (judgment and Costs)
Outcome
Appeal dismissed; High Court orders affirmed
Legal Topics
Liquidated Damages, Date From Which Time Runs for Breach, Construction of Sale and Purchase Agreement, Statutory Protection of Homebuyers, Judicial Review Grounds
Source Language
Malay/English
Property Law Contract Law Administrative Law Housing Law Liquidated Damages Date From Which Time Runs for Breach Construction of Sale and Purchase Agreement Statutory Protection of Homebuyers +1 more

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Parties

Sri Damansara Sdn Bhd

Appellant / Developer

Tribunal Tuntutan Pembeli Rumah

Respondent / Tribunal

Thong Chee Wei

Respondent / Purchaser

Teoh Sheh Wee

Respondent / Purchaser

Procedural Posture

Judicial Review of Tribunal Award; Appeal From High Court to Court of Appeal / Final Disposition by Court of Appeal (judgment and Costs)

Legal Issues

  1. 1 Whether time for calculating liquidated damages runs from date of deposit/payment or date of signing the sale and purchase agreement
  2. 2 Whether liquidated damages are calculated on the purchase price stated in the sale and purchase agreement or on the actual discounted/received price after rebate

Ratio Decidendi

The Court held the date for commencement of agreed liquidated damages is the date the deposit/booking fee was paid (contract formed on payment) and liquidated damages are to be calculated on the purchase price stated in the prescribed sale and purchase agreement; rebates not reflected in the agreement do not reduce the basis for damages; therefore the Tribunal and High Court decisions were correct and the appeal was dismissed.

Court Disposition

Appeal dismissed; High Court orders affirmed

Orders

  • High Court judicial review applications WA-25-151-06/2017 and WA-25-152-06/2017 dismissed (originally dismissed by High Court)
  • Appellant ordered to pay costs of RM5,000.00 to each respondent (Court of Appeal)