1. ) FONG POH SHENG 2. ) CHONG CHEW TING 3. ) SWEE YOKE SIA 4. ) KANG CHING YIN 5. ) YIP POH LANG 6. ) NICHOLAS SHIM TENG YAW 7. ) TAN THUAN THUNG 8. ) ANG IGOR YEN CHUEN 9. ) SHEILA LUZ TAGUIANG PARIN 10. ) TAN SIEW EE 11. ) FOO SIEW LEE 1

1. ) FONG POH SHENG 2. ) CHONG CHEW TING 3. ) SWEE YOKE SIA 4. ) KANG CHING YIN 5. ) YIP POH LANG 6. ) NICHOLAS SHIM TENG YAW 7. ) TAN THUAN THUNG 8. ) ANG IGOR YEN CHUEN 9. ) SHEILA LUZ TAGUIANG PARIN 10. ) TAN SIEW EE 11. ) FOO SIEW LEE 1

On the balance of probabilities the court awarded LAD only to specific purchasers where the defendant had admitted delay and had specifically acknowledged liability to those purchasers; for other purchasers the defendant was entitled to rely on valid extensions obtained and on the prospective effect of subsequent authority; COVID-19 temporary measures were relevant to calculation; interest at 5% p.a. was awarded from date of order until full payment; no costs awarded.

Citation
BA-24NCvC-2506-12/2023 (Mahkamah Tinggi)
Parties
Plaintiffs: Fong Poh Sheng & Ors; Defendant: Millenium Creation Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2024
Case Number
BA-24NCvC-2506-12/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for Liquidated Ascertain Damages Under the Housing Development (control and Licensing) Act 1966 / Judgment (originating Summons) 26 February 2025
Outcome
Partial judgment for plaintiffs: Defendant ordered to pay LAD to specified plaintiffs only; other claims dismissed; interest at 5% p.a. from date of order until full payment; no costs awarded.
Legal Topics
Liquidated Damages, Extension of Time, Ultra Vires, Prospective Overruling, Judicial Review, Statutory Interpretation
Source Language
Malay/English
Housing Law Contract Law Administrative Law Public Emergency Legislation (covid 19) Liquidated Damages Extension of Time Ultra Vires Prospective Overruling +2 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 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Fong Poh Sheng & Ors

Plaintiffs

Millenium Creation Sdn. Bhd.

Defendant

Procedural Posture

Civil Claim for Liquidated Ascertain Damages Under the Housing Development (control and Licensing) Act 1966 / Judgment (originating Summons) 26 February 2025

Legal Issues

  1. 1 Whether the contractual delivery period is 36 months (prescribed Schedule H) or 48 months as modified by the Controller/Minister
  2. 2 Whether the Controller/Timbalan Pengawal had lawful power under Regulation 11(3) HDR to extend the delivery period or whether such extensions are ultra vires s.24 HDA
  3. 3 Whether purchasers can claim retrospective LAD after accepting or benefiting from extensions and after delivery of vacant possession

Ratio Decidendi

On the balance of probabilities the court awarded LAD only to specific purchasers where the defendant had admitted delay and had specifically acknowledged liability to those purchasers; for other purchasers the defendant was entitled to rely on valid extensions obtained and on the prospective effect of subsequent authority; COVID-19 temporary measures were relevant to calculation; interest at 5% p.a. was awarded from date of order until full payment; no costs awarded.

Court Disposition

Partial judgment for plaintiffs: Defendant ordered to pay LAD to specified plaintiffs only; other claims dismissed; interest at 5% p.a. from date of order until full payment; no costs awarded.

Orders

  • Defendant to pay RM8328.00 to Plaintiff No.3
  • Defendant to pay RM3361.72 to Plaintiff No.5