TEE POH SUAN TRIDENT SUCCESS SDN BHD

TEE POH SUAN TRIDENT SUCCESS SDN BHD

The court found the Order 14 prerequisites satisfied, the defendant failed to raise any triable issue on the affidavits and exhibits, the LAD calculation based on the contract purchase price RM240,395 and the 593‑day KPKT exclusion was correct, Clause 8 notice requirement was met, and summary judgment was entered for the plaintiff for RM24,118.53 with costs RM1,500.00.

Citation
JA-A72NCvC-885-07/2025 (Mahkamah Majistret)
Parties
Plaintiff: TEE POH SUAN; Defendant: TRIDENT SUCCESS SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 December 2025
Case Number
JA-A72NCvC-885-07/2025 (Mahkamah Majistret)
Procedural Posture
Summary Judgment Application (order 14 Kaedah‑kaedah Mahkamah 2012) in Civil Contract/property Claim / Magistrates' Court Judgment on Order 14 Application; Appeal Filed to High Court by Defendant
Outcome
Summary judgment granted for plaintiff
Legal Topics
Summary Judgment, Liquidated Ascertained Damages (lad), Vacant Possession, Calculation of LAD Base, Statutory Sale and Purchase Agreement, Compliance With Contractual Notice to Financier
Source Language
Malay/English
Contract Property Civil Procedure Housing/developer Regulation Summary Judgment Liquidated Ascertained Damages (lad) Vacant Possession Calculation of LAD Base +2 more

Case Brief

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Parties

TEE POH SUAN

Plaintiff

TRIDENT SUCCESS SDN. BHD.

Defendant

Procedural Posture

Summary Judgment Application (order 14 Kaedah‑kaedah Mahkamah 2012) in Civil Contract/property Claim / Magistrates' Court Judgment on Order 14 Application; Appeal Filed to High Court by Defendant

Legal Issues

  1. 1 Whether plaintiff is entitled to liquidated damages under the sale and purchase agreement
  2. 2 Whether the plaintiff's calculation of delay days is accurate after KPKT exclusion
  3. 3 Whether discounts/rebates reduce the purchase price base for LAD calculation

Ratio Decidendi

The court found the Order 14 prerequisites satisfied, the defendant failed to raise any triable issue on the affidavits and exhibits, the LAD calculation based on the contract purchase price RM240,395 and the 593‑day KPKT exclusion was correct, Clause 8 notice requirement was met, and summary judgment was entered for the plaintiff for RM24,118.53 with costs RM1,500.00.

Court Disposition

Summary judgment granted for plaintiff

Orders

  • Judgment entered for the plaintiff against the defendant in the sum of RM24,118.53 for liquidated damages
  • Costs awarded to the plaintiff in the sum of RM1,500.00