1. ) Kang Keang Huang 2. ) Chan Chin Yeow v Cityvilla Construction Sdn Bhd

ja-22ncvc-46-04-2021 High Court (Mahkamah Tinggi) 5 April 2026 • JA-22NCvC-46-04/2021 • 22 min read
5 cases cited (0 SG, 5 foreign)

Outcome

I grant the Plaintiffs’ claim for LAD under Clause 25(2) of the SPAs at the rate of 10% per annum calculated on a daily basis on the respective purchase prices from the date of the Defendant’s breach (18.10.2017, being three years from the date of the SPAs as provided therein) until the date of full compliance with this Order. (e) Exemplary and Aggravated Damages 60. I dismiss the Plaintiffs’ claims for exemplary damages of RM2,000,000.00 and aggravated damages of RM2,000,000.00.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22ncvc-46-04-2021). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Contract – Sale and Purchase Agreements – Validity and enforceability – Power of Attorney – Joint Venture Agreement – Developer authorised to execute SPAs – Registered proprietor bound – Indoor management rule – Ratification by acquiescence – Contra settlement – Accord and satisfaction – Consideration – Letters of Discount and Confirmation – Section 92 Evidence Act 1950 – Adverse inference – Section 114(g) Evidence Act 1950 – Failure to call material witness – Specific performance – Injunction – Liquidated ascertained damages – Abandoned housing project – Exemplary damages – Aggravated damages – General damages – Dismissal

Practice Areas

Contract Evidence Damages Housing Development

Judges (1)

Noradura binti Hamzah Delivered

Counsel (4)

C.K. Yap & Partners Firm JT Chong Assoc. Firm C K Yap Counsel Defendant Chong Joo Tian Counsel Plaintiff

Parties (3)

CITYVILLA CONSTRUCTION Sdn Bhd Defendant Chan Chin Yeow Plaintiff Kang Keang Huang Plaintiff

Statutes Cited

Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)

Cases Cited (5)

MY (5)
[1983] 1 MLJ 220 [1992] 2 MLJ 189 [2011] 4 MLJ 173 [2021] MLJU 1203 [2021] MLJU 2533

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22ncvc-46-04-2021)