SHE YUYANG COUNTRY GARDEN DANGA BAY SDN. BHD.

SHE YUYANG COUNTRY GARDEN DANGA BAY SDN. BHD.

The court applied the binding later appellate authority (Obata Ombak) that the cause of action for the plaintiffs’ LAD claims accrued from the date of the sale agreement, rendering the claims time‑barred under the Limitation Act; procedural irregularities in the affidavits did not cause prejudice and did not save...

Source-derived case information.

Citation
JA-A72NCvC-62-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: She Yuyang; Defendant: Country Garden Danga Bay Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 November 2022
Case Number
JA-A72NCvC-62-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil Claim (contract/property) / Interlocutory Application to Strike Out Under Order 18 R19 Rules of Court 2012
Outcome
Application allowed. Writ of Summons and Statement of Claim struck out.
Legal Topics
Striking Out, Liquidated Ascertained Damages (lad), Accrual of Cause of Action, Schedule H of Housing Developers Regulations 1989, Precedent and Stare Decisis
Contract Property Civil Procedure Limitation Law Housing Development Regulation Striking Out Liquidated Ascertained Damages (lad) Accrual of Cause of Action +2 more

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Parties

She Yuyang

Plaintiff

Country Garden Danga Bay Sdn. Bhd.

Defendant

Procedural Posture

Civil Claim (contract/property) / Interlocutory Application to Strike Out Under Order 18 R19 Rules of Court 2012

  1. 1 Whether the plaintiff’s claim for LAD accrued outside the limitation period and is time‑barred
  2. 2 Whether the amendment to the delivery period (36 months to 48 months) was valid and binding
  3. 3 Whether the writ/affidavits were procedurally defective and whether any defect caused prejudice

Ratio Decidendi

The court applied the binding later appellate authority (Obata Ombak) that the cause of action for the plaintiffs’ LAD claims accrued from the date of the sale agreement, rendering the claims time‑barred under the Limitation Act; procedural irregularities in the affidavits did not cause prejudice and did not save the otherwise barred claim, therefore the defendant’s strike‑out application succeeds.

Court Disposition

Application allowed. Writ of Summons and Statement of Claim struck out.

Orders

  • Writ of Summons and Statement of Claim struck out in entirety
  • Costs awarded to Defendant in the sum of MYR 1500.00