Icon City Development Sdn Bhd Andrea Wu Huey Shyen

Icon City Development Sdn Bhd Andrea Wu Huey Shyen

The 42 calendar month period for delivery of vacant possession runs from the date the requisite approvals were obtained (02-08-2012) rather than from the expiry of the contractual Period of Approval/Extended Approval; the Plaintiff's interpretation accords with commercial sense and contra proferentum applies against...

Source-derived case information.

Citation
WA-11ANCvC-146-11/2021 (Mahkamah Tinggi)
Parties
Appellant (defendant in Magistrates' Court): ICON CITY DEVELOPMENT SDN. BHD.; Respondent (plaintiff in Magistrates' Court): ANDREA WU HUEY SHYEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2022
Case Number
WA-11ANCvC-146-11/2021 (Mahkamah Tinggi)
Procedural Posture
Appeal From Magistrates' Court (civil) / High Court Judgment on Appeal (dismissed)
Outcome
Appeal dismissed with costs.
Legal Topics
Liquidated Damages, Vacant Possession, Contract Interpretation, Contra Proferentum, Time for Delivery of Possession
Contract Law Property Law Construction Law Liquidated Damages Vacant Possession Contract Interpretation Contra Proferentum Time for Delivery of Possession

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Parties

ICON CITY DEVELOPMENT SDN. BHD.

Appellant (defendant in Magistrates' Court)

ANDREA WU HUEY SHYEN

Respondent (plaintiff in Magistrates' Court)

Procedural Posture

Appeal From Magistrates' Court (civil) / High Court Judgment on Appeal (dismissed)

Legal Issues

  1. 1 When does the 42 calendar month period for delivery of vacant possession commence under the SPA?
  2. 2 Whether purchaser is entitled to claim liquidated damages up to deemed delivery date or only upon actual possession.
  3. 3 Effect of amendments to building plans on commencement of the 42 month period.

Ratio Decidendi

The 42 calendar month period for delivery of vacant possession runs from the date the requisite approvals were obtained (02-08-2012) rather than from the expiry of the contractual Period of Approval/Extended Approval; the Plaintiff's interpretation accords with commercial sense and contra proferentum applies against the developer, therefore the Magistrate's allowance of liquidated damages is upheld and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal by the Defendant is dismissed with costs.