Malaysia Case Law: Decisions & Judgments

Topic

Certificate of completion and compliance

Legal area

Court

9 Feb 2026

1. ) Abd Razak Bin Mohd Aris 2. ) Yap Chee Wee 3. ) Tan Soon Lee 1. ) Dato' Lee Su Ha 2. ) BJ Homes Development Sdn Bhd 3. ) Tetuan Sayhan Lim Architect 4. ) Ukur Sekitar Sdn Bhd 5. ) Tetuan Ganesh & Co. 6. ) Lee Kwong Joo 7. ) Yu Eng Huat

Citation

BA-22C-43-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-43-10/2019 (Mahkamah Tinggi)

The representative action fails because the purported class of purchasers are divided into materially distinct categories with divergent legal positions and interests (acceptance of vacant possession and LAD, occupation/retention, absolute assignment to financiers, loss of proprietary interest), so there is no common interest, no common grievance capable of being advanced for the benefit of all, and the declaratory/termination reliefs sought would prejudice some members and end financiers; accordingly plaintiffs cannot proceed as representatives and the writ and amended statement of claim are…
12 Dec 2025

1. ) BALBEER SINGH A/L SWARAN SINGH 2. ) USHA DEVI A/P TARA SINGH 3. ) NG SOK HUN 4. ) LIM PEAK BOOM 5. ) TAN CHEE SEN 6. ) WONG LEE CHOO 7. ) WONG KWOK CHEW 8. ) TAN KHOO KIM LOOI 9. ) ANDY HONG CHING HUAT 10. ) YEO CHEW LIN 11. ) TANG GUA

Citation

JA-22NCvC-115-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-115-09/2020 (Mahkamah Tinggi)

The brochure together with the SPA created enforceable contractual representations that the Roof Top Garden and functioning common facilities would be provided; the developer’s disclaimer did not negate those contractual obligations; vacant possession requires actual supply of electricity and the developer failed to provide actual electricity on delivery (only supplied on 13.9.2016), therefore plaintiffs were entitled to damages for misrepresentation and late delivery.
6 Aug 2025

1. ) ABDUL HAZIQ BIN MATLAN 2. ) ABDULLAH SANI BIN SAAD & MIZALAWATI BINTI MUHARRUDIN 3. ) AZLINDAWATI BINTI PANDAK MAT YUSOP 4. ) BHARATHI A/L KRISHNAKUMAR 5. ) DANIAL FITRI BIN NORIZAM & SITI NOR ATIQAH BINTI AZIZAN 6. ) DEE DE FANDEE BIN

Citation

BA-22NCvC-235-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-235-06/2024 (Mahkamah Tinggi)

Court held that LAD is calculated from the date of the booking fee/payment (date of the bargain) as established in PJD Regency, concludes LAD ends on date of notice of delivery supported by Certificate of Completion and Compliance (18-3-2024), the 153-day EOT granted under s38C Covid-19 Act applies across the project because the first agreement for the development predates 31-5-2021, LAD must be calculated on the full purchase price (not discounted price), and PW1 was properly authorised to represent the plaintiffs.
6 Jan 2025

EKOVEST CAPITAL SDN BHD 1. ) TAN TIONG HWA 2. ) LIM SWEE PEI

Citation

WA-12BNCvC-63-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-63-08/2021 (Mahkamah Tinggi)

Settlement letters did not extinguish purchasers' statutory entitlement to additional LAD because there was no clear, informed intention to waive those statutory rights; LAD is properly calculated from the deposit/payment start date until issuance of the full Certificate of Completion and Compliance (Borang F), and the purchasers' claims were not statute-barred as cause of action arose at delivery of vacant possession per SPA; accordingly the developer's appeal is dismissed and respondents' cross-appeals are allowed.
31 Jul 2024

PARVATHI A/P PERIAKARUPPAN AMALAN SETAR (M) SDN. BHD. PIHAK TERKILAN Jaikanes a/l Manokaran

Citation

BF-B52NCvC-1-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-B52NCvC-1-11/2020 (Mahkamah Sesyen)

Vacant possession was deemed delivered on 19.1.2020 under clause 26(3) of the SPA so liquidated ascertained damages are limited to 12.1.2020–19.1.2020 (RM671). The developer was negligent in key distribution/management and therefore liable for foreseeable loss of rental (RM4,000 for four months). Plaintiff's claims for renovation costs beyond rectification were not allowed; no aggravated or exemplary damages. Defendant's counterclaim and its claims against the 3rd party were dismissed for failure of proof.
25 Oct 2023

Lakefront Residence Sdn Bhd 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) Chang Mon Fong

Citation

B-01(A)-529-07/2022 (Mahkamah Rayuan)
Court

A
Case number

B-01(A)-529-07/2022 (Mahkamah Rayuan)

The Court held the Tribunal did not exceed jurisdiction and the claims were not time barred: the SPA and its Approved Plan promised a CACS, vendor admitted unilateral deviation, and hazardous indoor installation of outdoor compressors amounted to a defect within the SPA's Defect Liability Period; therefore claims were within s16N(2)(b) and timely. Appeals dismissed and High Court decisions affirmed.
12 Sept 2023

K.K. ORIENTAL BUILDER SDN BHD MERCHANT SYNERGY SDN BHD

Citation

BA-22C-46-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-46-10/2020 (Mahkamah Tinggi)

Clause 6.0 of the Letters of Award remained binding because the Defendant failed to produce evidence of any amendment; Plaintiff proved entitlement to the claimed sums: LA-1 and LA-2 were completed with CCCs established and LA-3 and LA-4 were incompletable due to the MCO stop order so Plaintiff is entitled to payment on a quantum meruit basis measured by its progressive claims; Defendant failed to prove its counterclaims for rectification costs and LAD due to insufficient, unreliable evidence and failure to produce critical documents (eg CPC).
7 Jul 2022

1. ) LAU SENG YEE 2. ) CHEE LEE FAN VENUS ASSETS SDN BHD

Citation

WA-22NCvC-359-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-359-05/2021 (Mahkamah Tinggi)

The court refused summary striking out because the defendant failed to show the plaintiffs' claim was plainly and obviously unsustainable; credible triable issues exist as to whether repeated post-CCC water leaks rendered the Parcel unfit and amounted to a fundamental breach, and those issues require full trial and viva voce evidence; accordingly the O.18 r.19 application is dismissed with costs.
28 Oct 2021

Chong Eng Neo Mammoth Empire Land Sdn Bhd

Citation

BA-22NCvC-194-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-194-05/2021 (Mahkamah Tinggi)

Plaintiff had locus standi under s22C and clause 7; the Housing Ministry purported extension of time was ultra vires and void; liquidated damages for delay in both vacant possession and common facilities are computed from 6.9.2014 until deemed delivery on 8.9.2020 (for vacant possession) and until 17.3.2020 (for common facilities as pleaded); LAD must be computed using the purchase price stated in the Schedule H SPA; no triable issues existed and summary judgment for plaintiff was appropriate.
1 Jan 1900

BADAN PENGURUSAN BERSAMA SUMMERTON MIDAS CERIA SDN BHD (NO. SYARIKAT: 922405-K)

Citation

PA-22NCVC-148-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-148-06/2019 (Mahkamah Tinggi)

Statement of Claim struck out because the plaintiff lacked a bona fide cause of action against the defendant (enforcement of building plan compliance is for the local authority), the alleged discrepancy was a matter of labelling/substance not illegality as plots appeared on approved plans and a CCC was issued, and the remedies sought targeted third-party owners who were not parties making the claim fatally defective for non-joinder and an abuse of process.