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2023 MarsdenLR 523

HIGH COURT MALAYA KUALA LUMPUR
HARBANS SINGH SADHU SINGH – Appellant
Versus
TRISTAR ACRES SDN BHD – Respondent


Table of Content
1. claim for liquidated damages for late delivery. (Para 1 , 2 , 3 , 5 , 6 , 7)
2. plaintiff's failure to pay charges affects claim. (Para 8 , 22)
3. spa interpretation constrains rights to possession. (Para 11 , 12 , 13 , 14 , 15 , 16)
4. conditions for possession and default explored. (Para 17 , 18 , 19 , 20 , 21 , 23)
5. defendant’s right maintained due to plaintiff's default. (Para 24 , 25 , 26)
Akhtar Tahir J:

Introduction

[1] The Plaintiff's claim against the Defendants is for Liquidated Ascertained Damages (LAD) for the late delivery of vacant possession of a shop office known as Parcel No B2-G-88 ("the premise") in a project known as Savana Commercial Shop Lots ("the project"). The Defendant counter claimed against the Plaintiff for the failure to pay all charges due on the purchase of the premise.

[2] The case went for a full trial where the parties relied on oral testimony of witnesses as well as documents contained in the bundle of documents which included the sale and purchase agreement as well as other documents. The Plaintiff called 1 witness whereas the Defendant called 2 witnesses.

Brief Facts

[3] The Plaintiff a private individual had purchased the premise fr

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