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HIGH COURT MALAYA KUALA LUMPUR
XTREME MERIDIAN SDN BHD – Appellant
Versus
HO NAM FOO & ORS – Respondent
| Table of Content |
|---|
| 1. overview of appeals and initial court decision. (Para 1 , 2) |
| 2. facts of the payment and contract execution. (Para 3) |
| 3. legal interpretation of the contract commencement date. (Para 4 , 5 , 6) |
| 4. dismissal of plaintiffs' arguments. (Para 7) |
| 5. defendant's obligation to deliver possession. (Para 8 , 9) |
| 6. legality of exempted days under covid-19 act. (Para 10 , 11 , 12) |
| 7. court’s determination on lad payment calculation. (Para 13) |
| 8. analysis of plaintiffs' appeal merits. (Para 14) |
| 9. final dismissal of plaintiffs' appeal and cost order. (Para 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 ann
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