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HIGH COURT MALAYA SHAH ALAM
BANDAR SUBANG SDN BHD – Appellant
Versus
LIM EU CHING – Respondent
| Table of Content |
|---|
| 1. appeal against summary judgment due to alleged triable issues. (Para 1 , 2 , 10) |
| 2. facts surrounding the sale and purchase agreement and delays. (Para 6 , 8 , 12 , 30) |
| 3. defendant's obligation and defenses examined. (Para 24 , 28) |
| 4. court's ruling on established contractual obligations. (Para 31 , 35) |
| 5. court affirms enforceability of liquidated damages despite defendant's claims. (Para 34 , 45) |
[1] This is an appeal by the Appellant who was the Defendant, on the decision of the Sessions Court in allowing for the summary judgment under O 14 of the Rules of 2012 against the Appellant by the Respondent, who was the Plaintiff. The Sessions Court found for the Plaintiff, that there was no triable issue on the part of the Appellant's Defence.
[2] Both parties, in this judgment, will be known as they were in the Sessions Court.
Factual Background
[3] The Plaintiff's claim against the Defendant is for liquidated damages of the sum RM348,003.94 due to the Defendant's delay of 3107 days in delivering vacant possession of a double storey semi-detached house held under the title H.S.(D) 177895, P.T. 4922 Mukim Bukit Raja, District of Petaling, State of Selangor Darul Ehsan with
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