SHEN WENLI COUNTRY GARDEN DANGA BAY SDN. BHD.

SHEN WENLI COUNTRY GARDEN DANGA BAY SDN. BHD.

Although plaintiffs had locus standi, the court followed the later appellate authority (Obata Ombak) holding that causes of action for LAD accrued from the date of the sale agreement and therefore plaintiffs' LAD claims exceed the limitation period; accordingly the pleadings disclose no sustainable cause of action...

Source-derived case information.

Citation
JA-A72NCvC-71-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: Shen Wenli; Defendant: Country Garden Danga Bay Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
JA-A72NCvC-71-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil Interlocutory Strike Out Application (contract/housing) / Decision on Application Under Order 18 Rule 19 Rules of Court 2012 to Strike Out Writ and Statement of Claim
Outcome
Defendant's application to strike out Writ and Statement of Claim allowed.
Legal Topics
Liquidated Ascertained Damages, Strike Out / Dismissal for Disclosure of No Reasonable Cause, Locus Standi, Limitation Period, Schedule H of Developers Regulations, Validity of Contractual Variation
Contract Property Administrative/housing Regulation Civil Procedure Limitation Law Liquidated Ascertained Damages Strike Out / Dismissal for Disclosure of No Reasonable Cause Locus Standi +3 more

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Parties

Shen Wenli

Plaintiff

Country Garden Danga Bay Sdn. Bhd.

Defendant

Procedural Posture

Civil Interlocutory Strike Out Application (contract/housing) / Decision on Application Under Order 18 Rule 19 Rules of Court 2012 to Strike Out Writ and Statement of Claim

  1. 1 Whether plaintiffs have locus standi to sue given alleged absolute assignment of unit to bank
  2. 2 Whether amendment extending delivery period from 36 to 48 months is valid or void
  3. 3 Whether plaintiffs' LAD claims are time-barred under the Limitation Act 1953 (Akta Had Masa 1953)

Ratio Decidendi

Although plaintiffs had locus standi, the court followed the later appellate authority (Obata Ombak) holding that causes of action for LAD accrued from the date of the sale agreement and therefore plaintiffs' LAD claims exceed the limitation period; accordingly the pleadings disclose no sustainable cause of action and the writ and statement of claim are struck out under O.18 r.19, with costs awarded to defendant.

Court Disposition

Defendant's application to strike out Writ and Statement of Claim allowed.

Orders

  • Writ Saman and Statement of Claim struck out/ set aside
  • Costs awarded to Defendant in the sum of RM1500.00