Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Damages for late completion

Legal area

Court

20 Mar 2023

KSR CAPITAL SDN BHD 1. ) CSEM LAND SDN BHD 2. ) KUMARAGURU A/L THURAIRATNAM 3. ) K.THANARAJAH A/L A. KANAGARATNAM

Citation

WA-22NCvC-72-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-72-02/2020 (Mahkamah Tinggi)

Court found Plaintiff had annexed approvals to the DA and did not misrepresent; Defendants bore responsibility to verify approvals. The LOU constituted an admission and confirmed time remained of the essence; Defendants breached the LOU and DA by failing to complete and failing to pay. Therefore Plaintiff was entitled to damages for late completion and Defendants' counterclaim was dismissed.
12 May 2022

1. ) SIMHA MITRA A/L PETHA APALA NAIDU 2. ) NIDYALETCHMY A/P SUBHA REDDY 1. ) BM CITY REALTY & CONSTRUCTION SDN. BHD 2. ) TAN EE SENG 3. ) Teh Guek Keim 4. ) Tan Chee Ying 5. ) Tan Kar Ying

Citation

PB-B52NCvC-13-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PB-B52NCvC-13-05/2021 (Mahkamah Sesyen)

The late affidavit (kandungan 63) was excluded for non‑compliance with mandatory rule A.32 k.13(2)(b); even with the applicant's submissions, defendants failed to prove the special circumstances required to justify a stay pending appeal; the appeal date was imminent and the claim was for monetary relief only so the proceedings would not be nugatory; accordingly the application for stay (kandungan 61) was dismissed with costs according to cause.