CH'NG HAN KEONG MAJU PUNCAKBUMI SDN BHD CH'NG HAN KEONG

CH'NG HAN KEONG MAJU PUNCAKBUMI SDN BHD CH'NG HAN KEONG

The Court of Appeal affirmed the High Court: the respondent satisfied Order 14 r1 and r2 requirements; the burden shifted to the appellant who failed to establish bona fide triable issues; the representative action was appropriate; Notices of Demand were validly served/received or otherwise evidenced; the Option Agreement was lawful and not contrary to housing legislation; summary judgment was therefore properly entered for outstanding rental and related reliefs.

Citation
B-02(IM)(NCVC)-2436-12/2017 (Mahkamah Rayuan)
Parties
Appellant: Maju Puncakbumi Sdn Bhd; Respondent: Ch'ng Han Keong
Court
IM
Jurisdiction
Malaysia
Judgment Date
21 May 2018
Case Number
B-02(IM)(NCVC)-2436-12/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (appeal From High Court Summary Judgment)
Outcome
Appeal dismissed; High Court summary judgment affirmed
Legal Topics
Summary Judgment (order 14), Representative Action, Notice of Demand and Service, Breach of Contract, Liquidated Damages, Aggravated/exemplary Damages, Public Policy and Housing Law
Source Language
Malay/English
Contract Law Civil Procedure Property Law Representative Actions Summary Judgment (order 14) Representative Action Notice of Demand and Service Breach of Contract +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Maju Puncakbumi Sdn Bhd

Appellant

Ch'ng Han Keong

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment (appeal From High Court Summary Judgment)

Legal Issues

  1. 1 Whether the plaintiff satisfied prerequisites of Order 14 rules 1 and 2 for summary judgment
  2. 2 Whether the defendant discharged the burden to show bona fide triable issues to defeat summary judgment
  3. 3 Whether a representative action by one owner on behalf of 137 owners was appropriate

Ratio Decidendi

The Court of Appeal affirmed the High Court: the respondent satisfied Order 14 r1 and r2 requirements; the burden shifted to the appellant who failed to establish bona fide triable issues; the representative action was appropriate; Notices of Demand were validly served/received or otherwise evidenced; the Option Agreement was lawful and not contrary to housing legislation; summary judgment was therefore properly entered for outstanding rental and related reliefs.

Court Disposition

Appeal dismissed; High Court summary judgment affirmed

Orders

  • Summary judgment affirmed in favour of respondent (plaintiff below) pursuant to Order 14 rule 1 Rules of Court 2012
  • Prayers in the plaintiff's summary judgment application (a) to (g) allowed as per High Court order