Muhammad Andy Toh Bin Abdullah 1. ) Jejak Gaya Corporation Sdn. Bhd. 2. ) KELANA SENTRAL DEVELOPMENT SDN. BHD.

Muhammad Andy Toh Bin Abdullah 1. ) Jejak Gaya Corporation Sdn. Bhd. 2. ) KELANA SENTRAL DEVELOPMENT SDN. BHD.

The SPA (Recital G and clause 32) read with the DoMC and the defendants' conduct created a beneficial entitlement in purchasers to one free parking bay and an additional bay subject to charge; the contractual terms are clear and when read as a whole do not create triable issues of fact; hence the plaintiffs satisfied the threshold for summary judgment under O.81 and are entitled to declaratory and specific performance relief while claims for special, general and exemplary damages are dismissed.

Citation
BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Muhammad Andy Toh bin Abdullah; First Defendant: Jejak Gaya Corporation Sdn. Bhd.; Second Defendant: Kelana Sentral Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment and Injunction Application Under O.81 and O.29 Rules of Court 2012 (specific Performance/declaratory Relief) / Interlocutory Judgment (summary Disposal)
Outcome
Plaintiffs' application allowed on balance of probabilities; declaratory and specific performance relief granted regarding parking entitlement; claims for special, general and exemplary damages dismissed; costs awarded to Plaintiffs.
Legal Topics
Specific Performance, Construction of Contract, Declaratory Relief, Injunction, Deed of Mutual Covenant, Sale and Purchase Agreement, Parking Rights
Source Language
Malay/English
Contract Property Law Equity Civil Procedure Specific Performance Construction of Contract Declaratory Relief Injunction +3 more

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Parties

Muhammad Andy Toh bin Abdullah

Plaintiff

Jejak Gaya Corporation Sdn. Bhd.

First Defendant

Kelana Sentral Development Sdn Bhd

Second Defendant

Procedural Posture

Civil Summary Judgment and Injunction Application Under O.81 and O.29 Rules of Court 2012 (specific Performance/declaratory Relief) / Interlocutory Judgment (summary Disposal)

Legal Issues

  1. 1 Whether plaintiffs are entitled to one free parking bay and one additional parking bay under the SPA and DoMC
  2. 2 Whether the defendants have a bona fide defence or triable issues that defeat summary judgment under Order 81
  3. 3 Whether the defendants’ reservation of ownership and discretion to levy charges negates the plaintiffs’ beneficial entitlement

Ratio Decidendi

The SPA (Recital G and clause 32) read with the DoMC and the defendants' conduct created a beneficial entitlement in purchasers to one free parking bay and an additional bay subject to charge; the contractual terms are clear and when read as a whole do not create triable issues of fact; hence the plaintiffs satisfied the threshold for summary judgment under O.81 and are entitled to declaratory and specific performance relief while claims for special, general and exemplary damages are dismissed.

Court Disposition

Plaintiffs' application allowed on balance of probabilities; declaratory and specific performance relief granted regarding parking entitlement; claims for special, general and exemplary damages dismissed; costs awarded to Plaintiffs.

Orders

  • Declaration that the Plaintiffs and the residents they represent are beneficially entitled to one (1) free parking bay and one (1) additional parking bay subject to payment as provided in the SPA and DoMC
  • Order for specific performance requiring the Defendants to allocate one free parking bay and one additional parking bay to the Plaintiffs/represented residents in accordance with the SPA and DoMC