Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Late delivery

Legal area

Court

10 Aug 2022

LIEW BOON CHONG ASPEN VISION CITY SDN BHD

Citation

PA-A72NCvC-702-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-A72NCvC-702-12/2021 (Mahkamah Majistret)

Court found plaintiff satisfied Order 14 conditions; the contract commenced on completion of the Priority Registration Form so LAD runs from that date; extensions by the Controller do not extinguish LAD claims; defendant failed to demonstrate any triable issue, therefore summary judgment granted for plaintiff with costs RM2500.
8 Feb 2021

K3 PROPERTIES SDN BHD TWIN PAVILION DEVELOPMENT SDN BHD

Citation

WA-12ANCVC-302-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCVC-302-11/2020 (Mahkamah Tinggi)

The court held that delivery is measured from the date the premises are fit for occupation (CFO date), the defendant failed to establish that the plaintiff's late payment barred the LAD claim, and the defendant's force majeure pleas were inapplicable; accordingly summary judgment was appropriate for the plaintiff.