1 Mar 2023
1. ) WONG YONG FOOK 2. ) WONG HONG HWA COUNTRY GARDEN PACIFICVIEW SDN. BHD.
- Citation
- JA-12ANCvC-61-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12ANCvC-61-06/2022 (Mahkamah Tinggi)
The appeals were dismissed because (1) the defendants had effectively paid in excess of 10% of the purchase price when the contractual rebate was included, so no HDR deposit shortfall existed; (2) even if there were a technical contravention of HDR, Federal Court authority precludes treating such contraventions as automatically voiding contracts under social protective legislation; and (3) defendants failed to identify any triable issues or demonstrate that their counterclaim was plainly and obviously sustainable, entitling the plaintiff to summary judgment and successful striking out of the…