Soon Chin Chye & 24 Lagi v Sure Commerce Sdn Bhd

p-04ncvcw-51-02-2022 Court of Appeal (Mahkamah Rayuan) 21 April 2025 • P-04(NCvC)(W)-51-02/2022 • 49 min read
28 cases cited (0 SG, 28 foreign)

Catchwords

The appeals involved late delivery of vacant possession of the Jazz Suites and claims for GST and late payment interest of the sales and purchases of the commercial accommodation suites. The key issue was whether the Purchasers could rely on Schedule H of the Housing Development (Control and Licensing) Act 1966 (HDA). The Court held that despite the land's commercial zoning, the Jazz Suites were for human habitation and fell under the HDA. Thus, Schedule H applied, and inconsistent terms in the sale agreements were void. The Purchasers’ appeals were allowed as the High Court had erred.

Practice Areas

The appeals involved late delivery of vacant possession of the Jazz Suites and claims for GST and late payment interest of the sales and purchases of the commercial accommodation suites. The key issue was whether the Purchasers could rely on Schedule H of the Housing Development (Control and Licensing) Act 1966 (HDA). The Court held that despite the land's commercial zoning, the Jazz Suites were for human habitation and fell under the HDA. Thus, Schedule H applied, and inconsistent terms in the sale agreements were void. The Purchasers’ appeals were allowed as the High Court had erred.

Judges (3)

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

Counsel (7)

Phee, Chen & Ung Firm Presgrave & Matthews Firm Daniel Khoo Kelvin Counsel Respondent Karin Lim Ai Ching Counsel Respondent Lim Hock Siang Counsel Respondent Ng Giap Seng Counsel Appellant Ung Chirt Kye Counsel Appellant

Parties (2)

Sure Commerce Sdn Bhd Respondent Soon Chin Chye Appellant

Case Significance

Soon Chin Chye & 24 Lagi v Sure Commerce Sdn Bhd is a Court of Appeal (Mahkamah Rayuan) decision dated April 21, 2025 (citation: p-04ncvcw-51-02-2022). <p>Twenty-five purchasers of Jazz Suites commercial accommodation units in Penang appealed against the High Court's dismissal of their claims for late delivery of vacant possession and disputed GST charges. The Court of Appeal held that despite the land's commercial zoning, the Jazz Suites were for human habitation and fell under the Housing Development Act 1966, making Schedule H applicable and rendering inconsistent terms in the sale agreements void. The purchasers' appeals were allowed.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: Daniel Khoo Kelvin (counsel for respondent), Karin Lim Ai Ching (counsel for respondent), Lim Hock Siang (counsel for respondent), Ng Giap Seng (counsel for appellant), Ung Chirt Kye (counsel for appellant).

Summary

Twenty-five purchasers of Jazz Suites commercial accommodation units in Penang appealed against the High Court's dismissal of their claims for late delivery of vacant possession and disputed GST charges. The Court of Appeal held that despite the land's commercial zoning, the Jazz Suites were for human habitation and fell under the Housing Development Act 1966, making Schedule H applicable and rendering inconsistent terms in the sale agreements void. The purchasers' appeals were allowed.

What was the outcome of Soon Chin Chye & 24 Lagi v Sure Commerce Sdn Bhd?

<p>Twenty-five purchasers of Jazz Suites commercial accommodation units in Penang appealed against the High Court's dismissal of their claims for late...

Statutes Cited

Contracts Act 1950 (Cap 136)
Housing Development (Control and Licensing) Act 1966 (Cap 118)
Industrial Relations Act 1967 (Cap 177)
National Land Code (Cap 828)

Cases Cited (28)

MY (28)
[1982] 2 MLJ 031 [1982] CLJ 305 [1995] 3 MLJ 369 [1995] 3 MLJ 395 [1996] 3 AMR 3693 [1996] 4 CLJ 545 [1996] 4 CLJ 687 [2000] 4 CLJ 324 [2000] 4 MLJ 433 [2003] 2 CLJ 19 [2009] 6 CLJ 232 [2011] 2 MLJ 141 [2011] 7 MLRH 720 [2013] 9 MLJ 195 [2015] 2 AMR 601 [2015] 2 CLJ 252 [2015] 2 CLJ 453 [2015] 2 MLJ 441 [2016] 8 CLJ 221 [2018] 8 AMR 670 [2019] 2 CLJ 22 [2019] 3 MLJ 395 [2019] 8 AMR 297 [2019] 8 MLJ 194 [2020] 1 CLJ 162 [2020] 1 MLJ 281 [2020] 10 CLJ 1 [2023] 2 CLJ 333