1. ) Blue Green Network Sdn Bhd v Pilihan Megah Sdn Bhd (BA-22NCvC-244-06/2021)

Content

1 IN THE HIGH COURT OF MALAYA IN SHAH ALAM IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA CIVIL SUIT NO.: BA-22NCvC-244-06/2021 _________________________________________________________

Preamble

menurut peruntukan undang-undang yang ditetapkan iaitu Aturan 15 Kaedah 12 Kaedah-Kaedah Mahkamah 2012] AND PILIHAN MEGAH SDN BHD [COMPANY NO. : 195631-P] ….. DEFENDANT GROUNDS OF JUDGMENT (2) (Purchasers’ Action for Liquidated Damages against Development) [1] The Plaintiffs, a group of purchasers of residential property units in a housing development project, filed this suit against the Defendant-developer for liquidated damages for late delivery of vacant possession of the residential units, liquidated damages for late completion of the common facilities and other claims and reliefs in connection with alleged delay in the application for and issuance of strata titles for their strata residential properties. [2] On 13 March 2023 this Court pursuant to O.14A, O.33 r.2 and O.34 directed that the parties shall file and exchange submissions on the questions of law stated by the Court and also gave liberty for the 4 parties to propose such other or additional questions of law and/or of mixed fact and law for preliminary trial and disposal. [3] Both parties filed and exchanged their proposed questions of law and/or of mixed fact and law for preliminary trial and disposal pursuant to O.14A read with O.33 r.2 and O.34. [4] After having considered and included the parties’ proposed questions, this Court on 21 March 2023 sent to the parties the combined questions of law and questions of mixed fact and law which include this Court’s proposed questions as well as the parties’ proposed questions. [5] The parties filed and exchanged their written submissions on answering the questions of law on or about 22 April 2023 and thereafter their respective submissions-in-reply on or about 10 May 2023. [6] On 15.5.2023, this Court made the decision on answers to the questions of law and identified the balance questions of mixed fact and law to be tried. Case management directions were issued for the parties to address the Court on the order on quantum of liquidated damages that should be made consequent upon the answers to the questions of law and on the trial of the balance questions of mixed fact and law. The parties were then directed to submit on the quantum of liquidated damages that should be made consequent upon the answers to the questions of law. [7] On or about 31 May 2023 the parties filed and exchanged their respective submissions on the quantum of liquidated damages that should be made consequent upon the answers to the questions of law. [8] In the case management session on 2 June 2023, the Plaintiffs’ counsel informed this Court that the Plaintiffs would proceed with the claims for liquidated damages only but they withdraw their claims on alleged delay in the application for and issuance of strata titles. It was also the common position of the parties that with such withdrawal of the Plaintiffs’ claims on alleged delay in the application for and issuance of strata titles, there was no balance question of fact or mixed fact and law which required a viva voce trial. [9] After considering the further submissions of the respective parties, this Court on 12 June 2023 awarded in favour of the Plaintiffs 5 (excluding the 2nd and 3rd Plaintiffs who had withdrawn their claims) RM1,778,360.17 as the total combined amount of liquidated damages for late delivery of vacant possession of residential units and late completion of common facilities, plus interests and costs and also dismissed the Defendant's counterclaim against the Plaintiffs. The Plaintiffs’ claims for further damages for alleged delay in the application for and issuance of strata titles were also struck out with no liberty to file afresh, as they have withdrawn such further claims. [10] By Notice of Appeal dated 12 June 2023, the Defendant-developer has appealed against part of this Court's decision dated 15 May 2023 which held that the Plaintiffs were entitled to claim liquidated damages for delay which was to be computed 36 months from the date of payment of deposit or booking fee until the date of delivery or deemed delivery of vacant possession and completion of the common facilities and which also dismissed the Defendant-Developer’s counterclaim for exemplary damages against the Plaintiffs. [11] In early July 2023, this Court has provided the full Grounds of Judgment dated 26 June 2023 for the entirety of this Court’s decisions in response to the Defendant’s Notice of Appeal dated 12 June 2023. The said Grounds of Judgment dated 26 June 2023 was uploaded in the Court CMS2 system as Enclosure 95 on 4 July 2023. [12] By a second Notice of Appeal dated 6 July 2023 the Defendant has filed another appeal against this Court’s decision dated 12 June 2023. [13] As this Court’s Grounds of Judgment dated 26 June 2023 in Enclosure 95 has encompassed all the points and issues for decisions, including the points and issues stated in the Defendant’s second Notice of Appeal dated 6 July 2023, this Court does not propose to repeat another set of Grounds of Judgment for this matter. [14] For clarification, this Court confirms that the Grounds of Judgment dated 26 June 2023 in Enclosure 95 apply to both the Defendant’s first Notice of Appeal dated 12 June 2023 and the Defendant’s second Notice of Appeal dated 6 July 2023. 6 Dated this : 20th July 2023 Signed ..……................................................................. TEE GEOK HOCK JUDGE HIGH COURT OF MALAYA AT SHAH ALAM (NCvC 10) To the parties’ solicitors: