BA-22NCvC-292-07/2022 (Mahkamah Tinggi)

BA-22NCvC-292-07/2022 (Mahkamah Tinggi)

The court refused to postpone the summary judgment because the defendant failed to demonstrate exceptional circumstances to justify delay, the protective policy of Schedule H favours expeditious resolution for purchasers, and the defendant's proposed claims against the Ministry and Government were likely time-barred under the Public Authorities Protection Act; accordingly summary judgment for the plaintiffs was granted and the postponement request rejected.

Citation
BA-22NCvC-292-07/2022 (Mahkamah Tinggi)
Parties
Plaintiffs: 98 purchasers of 71 residential units (named plaintiffs); Defendant (developer): WEALH PLATEAU SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2022
Case Number
BA-22NCvC-292-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Under Housing Development (control and Licensing) Act for Liquidated Damages / Summary Judgment Hearing Decided; Defendant Filed Appeal and Separately Filed Application to Add Co Defendants (enclosure 30) and Request to Postpone (enclosure 32) Which Was Rejected
Outcome
Defendant's request to postpone the summary judgment hearing rejected; summary judgment granted in favour of the Plaintiffs; no order made on the defendant's Enclosure 30 application to add co-defendants
Legal Topics
Summary Judgment, Joining Co Defendants, Third Party Notice, Postponement of Hearing, Liquidated Damages, Limitation/public Authorities Protection Act
Source Language
Malay/English
Contract Property Civil Procedure Administrative Law Housing Law Summary Judgment Joining Co Defendants Third Party Notice +3 more

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Parties

98 purchasers of 71 residential units (named plaintiffs)

Plaintiffs

WEALH PLATEAU SDN. BHD.

Defendant (developer)

Procedural Posture

Civil Suit Under Housing Development (control and Licensing) Act for Liquidated Damages / Summary Judgment Hearing Decided; Defendant Filed Appeal and Separately Filed Application to Add Co Defendants (enclosure 30) and Request to Postpone (enclosure 32) Which Was Rejected

Legal Issues

  1. 1 Whether the court should postpone or delay a summary judgment hearing because the defendant filed a late application to add co-defendants
  2. 2 Whether the defendant demonstrated exceptional circumstances to justify postponement
  3. 3 Whether proposed claims against public authorities would be time-barred under the Public Authorities Protection Act

Ratio Decidendi

The court refused to postpone the summary judgment because the defendant failed to demonstrate exceptional circumstances to justify delay, the protective policy of Schedule H favours expeditious resolution for purchasers, and the defendant's proposed claims against the Ministry and Government were likely time-barred under the Public Authorities Protection Act; accordingly summary judgment for the plaintiffs was granted and the postponement request rejected.

Court Disposition

Defendant's request to postpone the summary judgment hearing rejected; summary judgment granted in favour of the Plaintiffs; no order made on the defendant's Enclosure 30 application to add co-defendants

Orders

  • Defendant's request for postponement (Enclosure 32) rejected
  • Summary judgment granted for the Plaintiffs in the combined sum of RM7,415,763.38 for liquidated damages for late delivery of vacant possession and late completion of common facilities, with interest and costs