1. TEO SIANG HIAN JOHN 2. MONG POH LENG SOUTHKEY CITY SDN. BHD. (COMPANY NO: 581190-A)

1. TEO SIANG HIAN JOHN 2. MONG POH LENG SOUTHKEY CITY SDN. BHD. (COMPANY NO: 581190-A)

The Ministry's extension made pursuant to reg 11(3) HDR is ultra vires and invalid per the Federal Court in Ang Ming Lee; the SPA is governed by Schedule H fixing the completion period at 36 months and the learned Magistrate erred in finding triable issues, so the appeal is allowed and the Plaintiffs' entitlement to liquidated damages stands.

Citation
JA-11ANCvC-21-11/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Teo Siang Hian John; Appellant/plaintiff: Mong Poh Leng; Respondent/defendant: Southkey City Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2021
Case Number
JA-11ANCvC-21-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrate's Court / Judgment on Appeal (allowed)
Outcome
Appeal allowed
Legal Topics
Statutory Contract, Summary Judgment, Ultra Vires, Retrospectivity, Liquidated Damages
Source Language
Malay/English
Contract Law Administrative Law Housing Law Civil Procedure Statutory Contract Summary Judgment Ultra Vires Retrospectivity +1 more

Case Brief

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Parties

Teo Siang Hian John

Appellant/plaintiff

Mong Poh Leng

Appellant/plaintiff

Southkey City Sdn. Bhd.

Respondent/defendant

Procedural Posture

Civil Appeal From Magistrate's Court / Judgment on Appeal (allowed)

Legal Issues

  1. 1 Whether the Ministry's six month extension to completion was valid or ultra vires
  2. 2 Whether the SPA being a Schedule H statutory contract fixed the completion period at 36 months despite contractual clauses providing 42 months
  3. 3 Whether the learned Magistrate correctly found triable issues precluding summary judgment

Ratio Decidendi

The Ministry's extension made pursuant to reg 11(3) HDR is ultra vires and invalid per the Federal Court in Ang Ming Lee; the SPA is governed by Schedule H fixing the completion period at 36 months and the learned Magistrate erred in finding triable issues, so the appeal is allowed and the Plaintiffs' entitlement to liquidated damages stands.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Order of the Magistrate set aside