TEOH KOK SENG vs HEESLAND SDN BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 855

COURT OF APPEAL PUTRAJAYA
TEOH KOK SENG – Appellant
Versus
HEESLAND SDN BHD & ANOR – Respondent

Petitioner Advocates:Loh Cien Zen ,Respondent Advocate: Tee Tai Tzian,Lee Lin Jun

Table of Content
1. appeal against imposition of late payment interest due to delay. (Para 1 , 2 , 3)
2. flaws in lower court's judgment related to delay assignment. (Para 17 , 18)
3. principles governing judicial review decisions. (Para 19 , 20)
4. judicial standards for assessing irrationality and legality. (Para 21 , 22 , 23 , 24 , 25 , 26)
5. issues of procedural impropriety in lpi claim processing. (Para 35 , 36 , 39 , 40)

Azimah Omar JCA:

A. Background Facts

[1] The present appeal before us is an appeal against the High Court's dismissal of the appellant's Judicial Review Application against the Tribunal Tuntutan Pembeli Rumah ("the 2nd Respondent / TTPR") to impose Late Payment Interest ("LPI") against one Teoh Kok Seng ("the appellant / Purchaser") for the delay in the disbursement of the Financier's Loan for the first progress billing issued by Heesland Sdn Bhd ("the 1st Respondent / Developer").

[2] It is the appellant's case that he had been unlawfully imposed the LPI for delays that he had no hand in at all. On the contrary, the 1st Respondent merely adopted a deflective stance (not against the appellant) but to blame the delay against the solicitors' firm, Messrs Ong and Partne

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2023 MarsdenLR 855

COURT OF APPEAL PUTRAJAYATEOH KOK SENG – AppellantVersusHEESLAND SDN BHD & ANOR – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
TEOH KOK SENG – Appellant
Versus
HEESLAND SDN BHD & ANOR – Respondent