Malaysia Case Law: Decisions & Judgments

Topic

Liquidated ascertain damages

Legal area

Court

21 Jun 2023

RUMAYA PROPERTIES SDN BHD 1. ) SEACERA DEVELOPMENT SDN BHD 2. ) ANTARA VISTA SDN BHD

Citation

B-02(IM)(NCvC)-556-03/2022 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)(NCvC)-556-03/2022 (Mahkamah Rayuan)

The Court affirmed the High Court: damages are to be assessed by reference to the 18 medium‑cost Vista Damansara units (the subject matter of the original SPAs) valued as at the date the land was transferred (11.3.2008); the Consent Order was rendered academic by the apex court's refusal of specific performance and cannot dictate assessment; claims for LAD or loss of rental fail because specific performance was denied and actual delivery was impossible.
12 Jan 2023

1. ) TEH YONG WEI 2. ) HO HEE KOK 3. ) CHONG CHOON LING ENERGISER PROPERTIES SDN BHD

Citation

AA-A52C-9-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52C-9-07/2022 (Mahkamah Sesyen)

The court found the Deed of Assignment was not an absolute assignment when read as a whole (clause 2.01 read with clause 5.01) and the plaintiffs retained locus to sue; further the MCO did not amount to force majeure and much of the delay predated the MCO, therefore no triable issue prevented summary judgment for the LAD amount; summary judgment was allowed with costs RM3,000.
12 Jan 2023

1. ) GOH CHIN YANG 2. ) GOH CHIN SIANG ENERGISER PROPERTIES SDN BHD

Citation

AA-A52C-8-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52C-8-07/2022 (Mahkamah Sesyen)

Summary judgment was granted because plaintiffs met Order 14 requirements and defendant failed to establish a triable issue: the Deed of Assignment was not an absolute assignment and plaintiffs retained locus to sue, and the MCO did not excuse the developer's preexisting delay or fall within the parties' agreed force majeure scope; therefore plaintiffs entitled to LAD and costs.
2 Aug 2022

PEMPETISYEN NASAR DEVELOPMENT GROUP HOLDING SDN BHD MIDD CONSTRUCTION SDN BHD

Citation

WA-28NCC-37-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-37-02/2021 (Mahkamah Tinggi)

Because the respondent demonstrated a bona fide dispute as to the sums claimed by showing overlapping issues and a pending writ action and counterclaim addressing the same matters (delay, LAD, back-to-back contract) and because the adjudication decision was not finally immune from challenge while related court proceedings under CIPAA were pending, the winding up petition was dismissed.

Malaysia Case Law

RUMAYA PROPERTIES SDN BHD 1. ) SEACERA DEVELOPMENT SDN BHD 2. ) ANTARA VISTA SDN BHD

1. ) TEH YONG WEI 2. ) HO HEE KOK 3. ) CHONG CHOON LING ENERGISER PROPERTIES SDN BHD

1. ) GOH CHIN YANG 2. ) GOH CHIN SIANG ENERGISER PROPERTIES SDN BHD

PEMPETISYEN NASAR DEVELOPMENT GROUP HOLDING SDN BHD MIDD CONSTRUCTION SDN BHD