HOYA HOLDING SDN. BHD. V. CHIA THIN HING & ANOR.

HOYA HOLDING SDN. BHD. V. CHIA THIN HING & ANOR.

The phrase "with the connection of water and electricity supply to the said building" requires that water and electricity supplies be actually running through the internal water pipes and electrical wiring (i.e. meters installed/energized) before vacant possession can be said to have been delivered; since supplies were only effected on 24 February 1993 there was delay and the respondents were entitled to liquidated damages; appeal dismissed.

Citation
HOYA HOLDING SDN. BHD. V. CHIA THIN HING & ANOR.
Parties
Appellant/defendant: Hoya Holding Sdn. Bhd.; Respondents/plaintiffs: Chia Thin Hing & Anor.
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1994
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Vacant Possession, Connection of Utilities, Liquidated Damages, Contract Interpretation
Source Language
en
Contract Housing Development Property Law Civil Procedure Vacant Possession Connection of Utilities Liquidated Damages Contract Interpretation

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Parties

Hoya Holding Sdn. Bhd.

Appellant/defendant

Chia Thin Hing & Anor.

Respondents/plaintiffs

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether vacant possession requires water and electricity meters to be installed and energized within the dwelling house
  2. 2 Whether clause requiring "connection of water and electricity supply" is satisfied by mere availability of supply to the housing scheme or by internal connection and energization

Ratio Decidendi

The phrase "with the connection of water and electricity supply to the said building" requires that water and electricity supplies be actually running through the internal water pipes and electrical wiring (i.e. meters installed/energized) before vacant possession can be said to have been delivered; since supplies were only effected on 24 February 1993 there was delay and the respondents were entitled to liquidated damages; appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs to respondents.
  • Appellant ordered to pay RM1,431.51 to respondents with interest at 8% per annum from 26 May 1993 until satisfaction.