IVORIA DEVELOPMENT SDN BHD Liow Wei Tung

IVORIA DEVELOPMENT SDN BHD Liow Wei Tung

The High Court affirmed the Sessions Court: the statutory sale and purchase agreement under Schedule G/HDA made time for delivery essential; delivery due 14.8.2019 occurred on 24.3.2023 so plaintiff entitled to liquidated damages of RM285,049.68; COVID‑19 exclusion s.35 did not apply because the contractual delivery date predated the exclusion period; the defendant’s factual excuses did not raise a triable issue under O.14 r.1; plaintiff had locus standi to sue despite bank charge; therefore defendant had no defence and appeal is dismissed with costs.

Citation
NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant: Ivoria Development Sdn Bhd; Respondent/plaintiff: Liow Wei Tung
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 August 2024
Case Number
NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal
Outcome
Appeal dismissed; High Court affirms summary judgment and costs
Legal Topics
Liquidated Damages, Summary Judgment (order 14), Locus Standi, Time for Delivery, COVID 19 Exclusion
Source Language
Malay/English
Housing Development Contract Civil Procedure Statutory Interpretation Liquidated Damages Summary Judgment (order 14) Locus Standi Time for Delivery +1 more

Case Brief

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Parties

Ivoria Development Sdn Bhd

Appellant/defendant

Liow Wei Tung

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the sale and purchase agreement is a statutory contract enforceable under the HDA and entitles purchaser to liquidated damages
  2. 2 Whether the COVID-19 Act exclusion (s.35) applies to reduce the period of delay/liquidated damages
  3. 3 Whether the developer’s asserted problems and third‑party issues constitute a defence or create a triable issue

Ratio Decidendi

The High Court affirmed the Sessions Court: the statutory sale and purchase agreement under Schedule G/HDA made time for delivery essential; delivery due 14.8.2019 occurred on 24.3.2023 so plaintiff entitled to liquidated damages of RM285,049.68; COVID‑19 exclusion s.35 did not apply because the contractual delivery date predated the exclusion period; the defendant’s factual excuses did not raise a triable issue under O.14 r.1; plaintiff had locus standi to sue despite bank charge; therefore defendant had no defence and appeal is dismissed with costs.

Court Disposition

Appeal dismissed; High Court affirms summary judgment and costs

Orders

  • Appeal dismissed
  • Summary judgment entered for plaintiff for liquidated damages of RM285,049.68