27 Jan 2021
ONG SAUT MEE & 3 LAGI GASING MERIDIAN SDN BHD
- Citation
- WA-22C-70-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-70-09/2019 (Mahkamah Tinggi)
Court held the Development Project is a housing development under the HDA but no prescribed HDR contract fitted sale-of-land-only lots, so the freely negotiated SPA and DMC are valid; the defendant lawfully and reasonably exercised contractual discretion in constructing the crib wall and did not breach; the defendant failed to discharge the burden to prove force majeure with a detailed delay analysis and is therefore liable for liquidated damages for 942 days, with judgment for plaintiffs for the balance after earlier payment plus interest and costs.