Teh Hooi Peng (No. K/P: 880630-01-5310) Southkey City Sdn. Bhd. (No. Syarikat: 581190-A)

Teh Hooi Peng (No. K/P: 880630-01-5310) Southkey City Sdn. Bhd. (No. Syarikat: 581190-A)

The Federal Court in Ang Ming Lee establishes that reg 11(3) of the Housing Development Regulations is ultra vires s.24 of the Housing Development Act, therefore any purported waiver or extension granted by the Controller/Ministry under that provision is invalid ab initio; consequently the Schedule H prescribed 36 months completion period governs the SPA and the appellant is entitled to pursue liquidated damages for delay; the Magistrate erred in finding triable issues and the appeal is allowed.

Citation
JA-11ANCvC-15-09/2020 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Teh Hooi Peng; Respondent / Defendant: Southkey City Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2021
Case Number
JA-11ANCvC-15-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Refusal of Summary Judgment / Judgment on Appeal
Outcome
Appeal allowed; decision of the learned Magistrate dated 24.8.2020 set aside
Legal Topics
Statutory Contract, Schedule H of Housing Development Regulations, Ultra Vires, Liquidated Ascertained Damages, Summary Judgment, Delegation of Regulatory Power
Source Language
Malay/English
Contract Law Housing Law Administrative Law Statutory Contract Schedule H of Housing Development Regulations Ultra Vires Liquidated Ascertained Damages Summary Judgment +1 more

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Parties

Teh Hooi Peng

Appellant / Plaintiff

Southkey City Sdn. Bhd.

Respondent / Defendant

Procedural Posture

Civil Appeal Against Refusal of Summary Judgment / Judgment on Appeal

Legal Issues

  1. 1 Whether the Controller/Ministry had power under reg 11(3) to waive or modify Schedule H contract terms
  2. 2 Whether the Ministry's extension of completion period was valid or ultra vires
  3. 3 Whether the SPA is governed by the 36 months completion period in Schedule H notwithstanding parties' clause specifying 42 months

Ratio Decidendi

The Federal Court in Ang Ming Lee establishes that reg 11(3) of the Housing Development Regulations is ultra vires s.24 of the Housing Development Act, therefore any purported waiver or extension granted by the Controller/Ministry under that provision is invalid ab initio; consequently the Schedule H prescribed 36 months completion period governs the SPA and the appellant is entitled to pursue liquidated damages for delay; the Magistrate erred in finding triable issues and the appeal is allowed.

Court Disposition

Appeal allowed; decision of the learned Magistrate dated 24.8.2020 set aside

Orders

  • Appeal allowed
  • Order of the learned Magistrate dated 24.8.2020 set aside