Techware Enterprise Sdn Bhd 1. ) Chan Sai Khuen 2. ) Ong Choo Keng

Techware Enterprise Sdn Bhd 1. ) Chan Sai Khuen 2. ) Ong Choo Keng

The appeal was dismissed because the appellant failed to disclose a bona fide triable issue or a fairly arguable defence under Order 14; the law (PJD Regency) fixes commencement of LD from the deposit date (14.2.2016) making the 36-month deadline 14.2.2019; section 35 of the COVID-19 Act excludes 18.3.2020–31.8.2020 (167 days) from LD calculation and no Ministerial extension was shown; clause 29 imposed unqualified LD liability on the developer, therefore summary judgment for the purchasers was justified and affirmed.

Citation
PA-12ANCvC-44-10/2023 (Mahkamah Tinggi)
Parties
Appellant Defendant: Techware Enterprise Sdn Bhd; Respondent Plaintiff: Chan Sai Khuen; Respondent Plaintiff: Ong Choo Keng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 July 2024
Case Number
PA-12ANCvC-44-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / High Court Judgment on Appeal (affirmation of Summary Judgment)
Outcome
Appeal dismissed; summary judgment of the Sessions Court affirmed
Legal Topics
Summary Judgment, Liquidated Damages, Vacant Possession, Force Majeure, Statutory Exemption Under S35 COVID 19 Act
Source Language
Malay/English
Housing Law Contract Law Civil Procedure Statutory Modification (covid 19) Summary Judgment Liquidated Damages Vacant Possession Force Majeure +1 more

Case Brief

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Parties

Techware Enterprise Sdn Bhd

Appellant Defendant

Chan Sai Khuen

Respondent Plaintiff

Ong Choo Keng

Respondent Plaintiff

Procedural Posture

Civil Appeal (summary Judgment) / High Court Judgment on Appeal (affirmation of Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment under Order 14 was properly entered
  2. 2 Whether defendant disclosed a bona fide triable issue or a fairly arguable defence
  3. 3 Application and scope of section 35 of the COVID-19 Act 2020 to calculation of liquidated damages

Ratio Decidendi

The appeal was dismissed because the appellant failed to disclose a bona fide triable issue or a fairly arguable defence under Order 14; the law (PJD Regency) fixes commencement of LD from the deposit date (14.2.2016) making the 36-month deadline 14.2.2019; section 35 of the COVID-19 Act excludes 18.3.2020–31.8.2020 (167 days) from LD calculation and no Ministerial extension was shown; clause 29 imposed unqualified LD liability on the developer, therefore summary judgment for the purchasers was justified and affirmed.

Court Disposition

Appeal dismissed; summary judgment of the Sessions Court affirmed

Orders

  • Summary judgment against Techware Enterprise Sdn Bhd affirmed for liquidated damages
  • Judgment for liquidated damages in the amount of RM164,513.52