1. ) SMOOTH ACHIEVEMENT SDN BHD 2. ) HYPER INDUSTRIAL AUTOMOTIVE SDN BHD 3. ) KUA SWEE KIAT 4. ) KUA SWEE KEONG 5. ) SWISSMA BUILDING TECHNOLOGIES SDN BHD 6. ) PLY-MART SDN BHD 7. ) CHUA TONG HIN HARDWARE SDN. BHD. 8. ) RECTECH RESOURCES SDN. BHD. v 1. ) CEKAL UNGGUL SDN BHD 2. ) JURUTERA PERUNDING PRIMAREKA SDN BHD

b-02ncvcw-1020-06-2023 Court of Appeal (Mahkamah Rayuan) 19 August 2025 • B-02(NCvC)(W)-1020-06/2023 • 38 min read
20 cases cited (0 SG, 20 foreign)

Catchwords

The Court of Appeal ruled that vacant possession is complete upon civil works, not utility connections, which purchasers must secure themselves. Developers are not liable for such delays, and liquidated damages under section 75 Contracts Act require proof of loss. The High Court’s decision was affirmed.

Practice Areas

The Court of Appeal ruled that vacant possession is complete upon civil works, not utility connections, which purchasers must secure themselves. Developers are not liable for such delays, and liquidated damages under section 75 Contracts Act require proof of loss. The High Court’s decision was affirmed.

Judges (3)

Alwi bin Abdul Wahab Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (8)

KL Wong Firm Kam & Sidhu Firm Vincent Lim & Partners Firm KL Wong Counsel Appellant Kam Chin Khoon Counsel Respondent Lee Eu Kong Counsel Respondent Sarjeet Singh Sidhu Counsel Respondent Wong Renn Xin Counsel Appellant

Parties (10)

CEKAL UNGGUL Sdn Bhd Respondent CHUA TONG HIN HARDWARE Sdn Bhd Appellant HYPER INDUSTRIAL AUTOMOTIVE Sdn Bhd Appellant JURUTERA PERUNDING PRIMAREKA Sdn Bhd Respondent PLY-MART Sdn Bhd Appellant RECTECH RESOURCES Sdn Bhd Appellant SMOOTH ACHIEVEMENT Sdn Bhd Appellant SWISSMA BUILDING TECHNOLOGIES Sdn Bhd Appellant Kua Swee Keong Appellant Kua Swee Kiat Appellant

Case Significance

1. ) SMOOTH ACHIEVEMENT SDN BHD 2. ) HYPER INDUSTRIAL AUTOMOTIVE SDN BHD 3. )... is a Court of Appeal (Mahkamah Rayuan) decision dated August 19, 2025 (citation: b-02ncvcw-1020-06-2023). <p>Factory lot purchasers appealed the High Court's dismissal of their claims for liquidated damages against the developer for late delivery of vacant possession and against the consulting engineers for negligence. The Court of Appeal upheld the High Court's finding that vacant possession was complete upon completion of civil works and did not require utility connections, which purchasers were responsible for obtaining themselves. The appeal was dismissed.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: KL Wong (counsel for appellant), Kam Chin Khoon (counsel for respondent), Lee Eu Kong (counsel for respondent), Sarjeet Singh Sidhu (counsel for respondent), Wong Renn Xin (counsel for appellant).

Summary

Factory lot purchasers appealed the High Court's dismissal of their claims for liquidated damages against the developer for late delivery of vacant possession and against the consulting engineers for negligence. The Court of Appeal upheld the High Court's finding that vacant possession was complete upon completion of civil works and did not require utility connections, which purchasers were responsible for obtaining themselves. The appeal was dismissed.

What was the outcome of 1. ) SMOOTH ACHIEVEMENT SDN BHD 2. ) HYPER INDUSTRIAL AUTOMOTIVE SDN BHD 3. )...?

<p>Factory lot purchasers appealed the High Court's dismissal of their claims for liquidated damages against the developer for late delivery of vacant...

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (20)

UK (5)
[1915] 1 Ch 268 [1997] AC 313 [2002] 1 AC 408 [2009] UKPC 10 [2011] 1 WLR 2900
MY (15)
[1941] MLJ 1 [1966] 1 MLJ 257 [1974] 1 MLJ 110 [1979] 2 MLJ 229 [1984] 2 MLJ 165 [1992] 3 CLJ 1535 [1995] 3 MLJ 395 [1995] 4 CLJ 283 [1996] 4 CLJ 545 [1997] 2 CLJ 153 [2003] 2 CLJ 19 [2004] 4 CLJ 309 [2016] 8 CLJ 159 [2019] 2 CLJ 723 [2020] 10 CLJ 1