KHOO SOON LEE REALTY SDN BHD (COMPANY NO: 66384-P) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH Kementerian Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan 2. PETER ONG SII YAP

KHOO SOON LEE REALTY SDN BHD (COMPANY NO: 66384-P) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH Kementerian Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan 2. PETER ONG SII YAP

The court held that (1) effective vacant possession occurs only when electricity and water supplies are available to be tapped and function in individual units; (2) late delivery damages must be calculated from the scheduled delivery date until actual connection to each unit and the multiplicand for damages is the discounted price actually paid by the purchaser (not the pre-discount contracted price); and (3) purchasers who entered valid settlements/consent judgments are bound and cannot re-litigate the same claims before the Tribunal.

Citation
JA-25-9-04/2018 (Mahkamah Tinggi)
Parties
Applicant (developer): KHOO SOON LEE REALTY SDN BHD; 1st Respondent (tribunal): Tribunal Tuntutan Pembeli Rumah (Ministry Tribunal); 2nd Respondent (homeowner/purchaser): Peter Ong Sii Yap
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2020
Case Number
JA-25-9-04/2018 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Final Judgment (application Allowed in Part)
Outcome
Application allowed in part; Tribunal awards modified and certain Tribunal decisions quashed as to settled parties.
Legal Topics
Vacant Possession, Late Delivery Damages, Interpretation of Sale and Purchase Agreement, Calculation of Multiplicand/quantum, Effect of Settlement/consent Judgment, Jurisdictional Review
Source Language
Malay/English
Administrative Law Housing Law Contract Law Tribunal Law Vacant Possession Late Delivery Damages Interpretation of Sale and Purchase Agreement Calculation of Multiplicand/quantum +2 more

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Parties

KHOO SOON LEE REALTY SDN BHD

Applicant (developer)

Tribunal Tuntutan Pembeli Rumah (Ministry Tribunal)

1st Respondent (tribunal)

Peter Ong Sii Yap

2nd Respondent (homeowner/purchaser)

Procedural Posture

Judicial Review / Final Judgment (application Allowed in Part)

Legal Issues

  1. 1 Whether the Tribunal misconstrued Clause 26 of the Sale and Purchase Agreement regarding 'ready for connection' and the effective date of vacant possession
  2. 2 Whether the Tribunal miscalculated the period for late delivery and the multiplicand/quantum for damages
  3. 3 Whether purchasers who accepted a settlement/consent judgment can subsequently bring claims before the Tribunal

Ratio Decidendi

The court held that (1) effective vacant possession occurs only when electricity and water supplies are available to be tapped and function in individual units; (2) late delivery damages must be calculated from the scheduled delivery date until actual connection to each unit and the multiplicand for damages is the discounted price actually paid by the purchaser (not the pre-discount contracted price); and (3) purchasers who entered valid settlements/consent judgments are bound and cannot re-litigate the same claims before the Tribunal.

Court Disposition

Application allowed in part; Tribunal awards modified and certain Tribunal decisions quashed as to settled parties.

Orders

  • Late delivery charges to be calculated based on the discounted price actually paid by each purchaser, not the original contracted price.
  • Late delivery period to be calculated from scheduled delivery of vacant possession (36 months from SPA signing) until electricity and water supply are actually connected and available to be tapped in each individual parcel unit.