CHAI LAI FOOK
- Citation
- CHAI LAI FOOK
- Court
- Malaysian court
The court held that the specific statutory scheme (Housing Act and Schedule H sale agreements) and clear contractual wording (Clauses 22(2) and 24(2)) give purchasers an immediate right to liquidated damages without the notice requirement of s56(3) Contracts Act 1950; the defendant's frustration defence failed particularly because the Controller of Housing refused the Regulation 11(3) extension and the court will not create an additional escape route for the developer; accordingly the originating summons was granted in the terms sought, with liquidated damages calculated to the limited date s…