Malaysia Case Law: Decisions & Judgments

Topic

Contracting out of statutory protections

Legal area

Court

30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

Citation

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: purchasers proved existence of patent and latent defects and developer breached statutory/materials and workmanship obligations in the SPAs; contested DRFs/FFs were forged and inadmissible; developer could not contract out of Schedule I protections in the asserted manner; the DLP bars only patent defects discoverable within 24 months and does not preclude claims for latent defects; applications to admit fresh evidence and cross-appeals were dismissed/struck out; appellants' appeals dismissed and High Court judgment affirmed with costs.
SYARIKAT GUNUNG SEJAHTERA SDN BHD v. LIM SZE ON & ORS

Citation

SYARIKAT GUNUNG SEJAHTERA SDN BHD v. LIM SZE ON & ORS
Court

Malaysian court

Appellant was not a "housing developer" under the Act because it was not proprietor/vendor of the land nor did it sell the building lots; the building lots were alienated to respondents via Form 5A under the National Land Code making them registered owners; Schedule G (reg 11) applies to sale and purchase by a vendor/proprietor and not to the contractual arrangements here; the court cannot declare a party to be a licensed housing developer since licensing is the Controller's statutory function; therefore High Court declarations misapplied the Act and were set aside.

Malaysia Case Law

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

SYARIKAT GUNUNG SEJAHTERA SDN BHD v. LIM SZE ON & ORS