EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG

EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG

Emko failed to prove entitlement to charge a flat RM60 per month because clauses 14 and 22 required evidence of total maintenance costs and an apportionment by a licensed surveyor; Emko produced no adequate quantification or proper apportionment and thus its claim for RM60 per month up to the originating summons filing date (6 December 1990) fails and must be dismissed.

Citation
EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG
Parties
Plaintiff/developer: Emko Properties Sdn. Bhd.; Defendant/purchaser: Lee Choong Kheng; Landowner/respondent: Perbadanan Kemajuan Negeri Selangor (PKNS); Local Authority/respondent: Majlis Perbandaran Petaling Jaya (MPPJ)
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1996
Procedural Posture
Contract Sale and Purchase of Property (originating Summons, Test Case) / Hearing on Originating Summons and Affidavits; Treated as Test Case for Several Originating Summons
Outcome
Originating summons dismissed (test case). Emko's claim for service charges of RM60 per month up to 6 December 1990 dismissed. No order as to costs.
Legal Topics
Service Charge, Maintenance Upkeep, Sale and Purchase Agreement Interpretation, Misrepresentation, Mandamus, Management Corporation, Takeover of Infrastructure
Source Language
en
Contract Law Property Law Administrative Law Local Government Law Service Charge Maintenance Upkeep Sale and Purchase Agreement Interpretation Misrepresentation +3 more

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Parties

Emko Properties Sdn. Bhd.

Plaintiff/developer

Lee Choong Kheng

Defendant/purchaser

Perbadanan Kemajuan Negeri Selangor (PKNS)

Landowner/respondent

Majlis Perbandaran Petaling Jaya (MPPJ)

Local Authority/respondent

Procedural Posture

Contract Sale and Purchase of Property (originating Summons, Test Case) / Hearing on Originating Summons and Affidavits; Treated as Test Case for Several Originating Summons

Legal Issues

  1. 1 Whether purchasers are contractually liable to pay a flat RM60 per month under cll.14 and 22 of the sale & purchase agreement
  2. 2 Whether the vendor satisfied the contractual requirement to quantify total maintenance costs and apportion contributions by a licensed surveyor
  3. 3 Whether developer misrepresented the likelihood of the local authority (MPPJ) taking over maintenance (misrepresentation/repudiation)

Ratio Decidendi

Emko failed to prove entitlement to charge a flat RM60 per month because clauses 14 and 22 required evidence of total maintenance costs and an apportionment by a licensed surveyor; Emko produced no adequate quantification or proper apportionment and thus its claim for RM60 per month up to the originating summons filing date (6 December 1990) fails and must be dismissed.

Court Disposition

Originating summons dismissed (test case). Emko's claim for service charges of RM60 per month up to 6 December 1990 dismissed. No order as to costs.

Orders

  • SP 24-540-1990 dismissed (test case)
  • SP 24-538-1990, SP 24-542-1990, SP 24-544-1990, SP 24-545-1990 and SP 24-546-1990 dismissed on same terms