14 Aug 2019
SRI DAMANSARA SDN BHD 1. TRIBUBAL TUNTUTAN PEMBELI RUMAH 2. THONG CHEE WEI 3. TEOH SHEH WEE
- Citation
- W-01(A)-711-12/2018 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-711-12/2018 (Mahkamah Rayuan)
The Court held the date for commencement of agreed liquidated damages is the date the deposit/booking fee was paid (contract formed on payment) and liquidated damages are to be calculated on the purchase price stated in the prescribed sale and purchase agreement; rebates not reflected in the agreement do not reduce the basis for damages; therefore the Tribunal and High Court decisions were correct and the appeal was dismissed.