PRUMILLION INVESTORS SDN. BHD. COUNTRY GARDEN DANGA BAY SDN. BHD.

PRUMILLION INVESTORS SDN. BHD. COUNTRY GARDEN DANGA BAY SDN. BHD.

The court struck out the plaintiffs' writ and statement of claim because the plaintiffs' LAD claims were time-barred under the Limitation Act 1953 as the cause of action accrued from the date of the sale and purchase agreement, and the court was bound by the more recent appellate authority (Obata Ombak and related...

Source-derived case information.

Citation
JA-A72NCvC-63-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: PRUMILLION INVESTORS SDN. BHD.; Defendant: COUNTRY GARDEN DANGA BAY SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
JA-A72NCvC-63-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil Contract/property Dispute / Interlocutory Strike Out Application Under Order 18 Rule 19
Outcome
Application allowed in favour of Defendant; Writ of Summons and Statement of Claim struck out.
Legal Topics
Liquidated Ascertained Damages, Strike Out, Locus Standi, Accrual of Cause of Action, Housing Developer Regulations
Contract Property Civil Procedure Limitation Law Administrative Law Liquidated Ascertained Damages Strike Out Locus Standi +2 more

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Parties

PRUMILLION INVESTORS SDN. BHD.

Plaintiff

COUNTRY GARDEN DANGA BAY SDN. BHD.

Defendant

Procedural Posture

Civil Contract/property Dispute / Interlocutory Strike Out Application Under Order 18 Rule 19

  1. 1 Whether the plaintiffs have locus standi to sue given purported assignment to Bank of China
  2. 2 Whether the amendment to the standard Schedule H completion period (48 vs 36 months) is legally effective
  3. 3 Whether the plaintiffs' claims for LAD are time-barred under the Limitation Act 1953 and when the cause of action accrued

Ratio Decidendi

The court struck out the plaintiffs' writ and statement of claim because the plaintiffs' LAD claims were time-barred under the Limitation Act 1953 as the cause of action accrued from the date of the sale and purchase agreement, and the court was bound by the more recent appellate authority (Obata Ombak and related decisions) leading to dismissal of the claims; procedural irregularities did not cause prejudice but were not determinative.

Court Disposition

Application allowed in favour of Defendant; Writ of Summons and Statement of Claim struck out.

Orders

  • Writ of Summons and Statement of Claim struck out for this action
  • Costs to Defendant fixed at RM1500.00