HIGH COURT MALAYA KUALA LUMPUR
XTREME MERIDIAN SDN BHD – Appellant
Versus
HO NAM FOO & ORS – Respondent
| Table of Content |
|---|
| 1. factual background of the appeals. (Para 1 , 2 , 3) |
| 2. court's analysis of payment and contract initiation. (Para 4 , 5 , 6) |
| 3. legal principles regarding lad and covid-19 exemptions. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final ruling and dismissal of plaintiff's appeal. (Para 13 , 14 , 15) |
[1] All parties lodged their respective appeal against the decision of the Sessions Court on 20 May 2024. Both the appeals were heard together by this Court. Having presided over this case where the payment for liquidated ascertained damages (LAD) was disputed, the Session Court had decided to allow the claim for LAD subject to a re-calculation from the date when the deposit of RM10,000.00 was paid and the deduction of 167 days exempted under the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 (COVID-19 Act). The Session Court had allowed the interest of 5% per annum to be calculated from the date of the filing of the claim at the Sessions Court until the date of full and final settlement. For the counterclaim for the return of the rebate of RM63,440.00 from the purchase price and 5% per annum interest was also allowed to
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