COSMOPOLITAN AVENUE SDN BHD v 1. ) DICKSON WOO BOON SIEW 2. ) CHOONG SOO HOI 3. ) LEE SWEE KIAT 4. ) LEE MEI PENG 5. ) CHU SWEE WAH 6. ) TIONG POH LING 7. ) PRISTINE CLEAR SDN BHD 8. ) CSL PROPERTIES SDN BHD
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Case Significance
COSMOPOLITAN AVENUE SDN BHD v 1. ) DICKSON WOO BOON SIEW 2. ) CHOONG SOO HOI ... is a Court of Appeal (Mahkamah Rayuan) decision dated February 5, 2026 (citation: b-02ncvcw-890-05-2024). <p>Cosmopolitan Avenue, the developer of Empire City Damansara commercial offices, appealed a decision invalidating settlement agreements for late delivery of office suites and ordering LAD and refunds. The Court of Appeal held that the SPA was a commercial contract outside the Housing Development Act, the settlement agreements were valid and enforceable, and the High Court erred on the burden of proof for overpayment. The appeal was partly allowed, deleting the refund order but varying the LAD The panel comprised Alwi bin Abdul Wahab, Hashim bin Hamzah and Lim Chong Fong, with Lim Chong Fong delivering the judgment. Counsel appearing: Kirthana a/p Sarangapany (counsel for respondent), Tan Chun Ming (counsel for respondent).
Summary
Cosmopolitan Avenue, the developer of Empire City Damansara commercial offices, appealed a decision invalidating settlement agreements for late delivery of office suites and ordering LAD and refunds. The Court of Appeal held that the SPA was a commercial contract outside the Housing Development Act, the settlement agreements were valid and enforceable, and the High Court erred on the burden of proof for overpayment. The appeal was partly allowed, deleting the refund order but varying the LAD amounts.
What was the outcome of COSMOPOLITAN AVENUE SDN BHD v 1. ) DICKSON WOO BOON SIEW 2. ) CHOONG SOO HOI ...?
<p>Cosmopolitan Avenue, the developer of Empire City Damansara commercial offices, appealed a decision invalidating settlement agreements for late del...