WEALTH PLATEAU SDN BHD v WONG YIP CHEE
wa-11bncvc-46-07-2024 High Court (Mahkamah Tinggi) 5 January 2026 • WA-11BNCvC-46-07/2024 • 16 min read
6 cases cited
(0 SG, 6 foreign)
Outcome
The appeal is hereby dismissed. (ii) The decision of the Magistrate Court dated 15 July 2024 is affirmed in its entirety. (iii) The appellant shall pay to the respondent the sum of RM19,405.91. (iv) Costs of this appeal of RM7,000 are to be paid by the appellant to the respondent, subject to allocatur.
Catchwords
Housing Development — Sale and Purchase Agreement — Booking fee — Illegality of collection — Commencement date for calculation of liquidated ascertained damages (LAD) — Whether booking fee date or SPA execution date applies — Protective nature of Housing Development (Control and Licensing) Act 1966 and Regulations — Federal Court authority in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah applied — Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd distinguished. Contract — Deeming provisions — Notice of vacant possession — Service by registered post — Legal fiction of deemed delivery — Whether purchaser’s denial of receipt sufficient to rebut presumption — Conclusive effect of deeming clauses — Authorities considered. Liquidated Ascertained Damages — Late delivery of vacant possession — Calculation of delay period — 80 days delay established — Quantum of damages — Correct application of SPA clauses — Magistrate’s calculation affirmed. Civil Procedure — Appeal — Grounds of appeal — Whether Magistrate erred in law and fact — Findings of fact and law upheld — Appeal dismissed with costs.
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Limitation Act 1953 (Cap 254)
Cases Cited (6)
UK (1)
[1917] 1 KB 832
MY (5)
[1997] MLJU 264 [2020] 1 MLJ 281 [2021] 2 MLJ 60 [2021] MLJU 2089 [2024] 5 MLJ 897
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-11bncvc-46-07-2024)