Chen Boon Feng & 26 Others PLATINUM EMINENT SDN BHD

Chen Boon Feng & 26 Others PLATINUM EMINENT SDN BHD

No triable issues were raised; LAD is calculated from the date of booking fee where payment preceded SPA as binding Federal Court authority establishes; the KL High Court quashing of EOT3 is final for purposes of this claim and Defendant cannot collaterally attack it; Defendant's counterclaim for abuse of process discloses no reasonable cause of action and is struck out.

Citation
BA-22NCvC-113-03/2023 (Mahkamah Tinggi)
Parties
Plaintiffs: Plaintiffs (various purchasers listed in judgment); Defendant: Platinum Eminent Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 February 2025
Case Number
BA-22NCvC-113-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Action for Liquidated Ascertainable Damages Arising From Delay in Vacant Possession; Summary Judgment and Strike Out Applications / High Court Judgment Granting Summary Judgment Under Order 14 ROC and Striking Out Counterclaim Under Order 18 Rule 19 Roc; Defendant Has Appealed to Court of Appeal
Outcome
Both Plaintiffs' applications allowed: summary judgment entered for Plaintiffs and Defendant's counterclaim struck out
Legal Topics
Summary Judgment, Strike Out, Liquidated Damages (lad), Extension of Time (eot), Judicial Review, Abuse of Court Process, Multiplicity of Proceedings, Booking Fee Commencement Date
Source Language
Malay/English
Civil Procedure Construction and Housing Law Administrative Law Summary Judgment Strike Out Liquidated Damages (lad) Extension of Time (eot) Judicial Review +3 more

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Parties

Plaintiffs (various purchasers listed in judgment)

Plaintiffs

Platinum Eminent Sdn. Bhd.

Defendant

Procedural Posture

Civil Action for Liquidated Ascertainable Damages Arising From Delay in Vacant Possession; Summary Judgment and Strike Out Applications / High Court Judgment Granting Summary Judgment Under Order 14 ROC and Striking Out Counterclaim Under Order 18 Rule 19 Roc; Defendant Has Appealed to Court of Appeal

Legal Issues

  1. 1 From which date is LAD calculated (booking fee date or SPA date)?
  2. 2 Whether EOT3 remains valid or has been quashed and whether that determination can be reopened
  3. 3 Whether the JR proceedings and this civil action amount to duplicity/multiplicity of proceedings

Ratio Decidendi

No triable issues were raised; LAD is calculated from the date of booking fee where payment preceded SPA as binding Federal Court authority establishes; the KL High Court quashing of EOT3 is final for purposes of this claim and Defendant cannot collaterally attack it; Defendant's counterclaim for abuse of process discloses no reasonable cause of action and is struck out.

Court Disposition

Both Plaintiffs' applications allowed: summary judgment entered for Plaintiffs and Defendant's counterclaim struck out

Orders

  • Summary judgment recorded pursuant to Order 14 ROC for the amount of LAD payable to the remaining Plaintiffs as stated in the application
  • Defendant's counterclaim struck out under Order 18 Rule 19 ROC