24 Feb 2021
LIM TING NAN MAMMOTH EMPIRE LAND SDN BHD
- Citation
- BA-B52NCvC-278-10/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BA-B52NCvC-278-10/2020 (Mahkamah Sesyen)
Plaintiff entitled to LAD because SPA (Schedule H) expressly provided for LAD at 10% p.a. on the stated purchase price; vacant possession was deemed taken 14 days after vendor's notice making defendant 1006 days late; defendant failed to satisfy the shifted burden under Order 14 to show a triable defence (discounts/rebates not legally effective to reduce statutory SPA price; Covid‑19 provisions did not negate plaintiff's claim and developer did not pursue statutory remedies), therefore default judgment for RM515,072 with costs ordered.