30 Aug 2024
IVORIA DEVELOPMENT SDN BHD Liow Wei Tung
- Citation
- NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12ANCvC-3-02/2024 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: the statutory sale and purchase agreement under Schedule G/HDA made time for delivery essential; delivery due 14.8.2019 occurred on 24.3.2023 so plaintiff entitled to liquidated damages of RM285,049.68; COVID‑19 exclusion s.35 did not apply because the contractual delivery date predated the exclusion period; the defendant’s factual excuses did not raise a triable issue under O.14 r.1; plaintiff had locus standi to sue despite bank charge; therefore defendant had no defence and appeal is dismissed with costs.