Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Locus standi of purchaser

Legal area

Court

2 Oct 2024

IVORIA DEVELOPMENT SDN BHD 1. ) Yang Chin Fan 2. ) Chua Yet Nge

Citation

NA-12ANCvC-4-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12ANCvC-4-02/2024 (Mahkamah Tinggi)

Plaintiffs met the procedural and substantive prerequisites for summary judgment under Order 14 and established a prima facie case for liquidated damages; the defendant failed to discharge the shifted burden to show triable issues on the balance of probabilities because (a) the alleged third-party causes arose after the contractual delivery date and therefore did not excuse the delay; (b) the defendant produced no ministerial written approval under s35 COVID-19 Act 2020 so exclusion/extension did not apply; and (c) clause 8 did not apply because the property had its own title and was mortgage…
9 Sept 2024

IVORIA DEVELOPMENT SDN. BHD. NG SUAT CHENG

Citation

NA-12ANCvC-8-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12ANCvC-8-04/2024 (Mahkamah Tinggi)

The appeal is dismissed and the summary judgment below is affirmed because the plaintiff satisfied Order 14 requirements and the defendant failed to raise any triable issue: the SPA is a statutory contract under the HDA preserving the purchaser's right to liquidated damages; the contractual delivery date preceded the COVID‑19 exclusion period so s35 did not apply; the developer's claimed third‑party and operational difficulties do not excuse breach; and the purchaser has locus standi to sue.