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HIGH COURT MALAYA KUALA LUMPUR
XTREME MERIDIAN SDN BHD – Appellant
Versus
MUHAMAD AMAR AMIR & ANOR – Respondent
| Table of Content |
|---|
| 1. context and factual background of the case (Para 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. invalidity of the ccc and safety concerns (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. calculation of lad from booking fee date (Para 20 , 21 , 22) |
| 4. invalid extension of time by deputy controller (Para 24 , 25 , 26 , 27 , 28) |
| 5. arguments on estoppel and rebates in lad calculation (Para 29 , 30 , 31 , 32) |
| 6. conclusion and court's order/ (Para 33 , 34) |
Introduction
[1] In this judgment, the parties are referred to as they were before the trial court. This is an appeal against the decision of the Sessions court in allowing the plaintiffs claim for liquidated ascertained damages ("LAD") due to late delivery of vacant possession and delayed completion of common facilities in a housing development project.
[2] The Sessions court allowed the plaintiffs' claim for LAD in the sum of RM294,177.60 as of 24 September 2020. The Sessions court also awarded the plaintiff with continuing LAD at the rate of 12% per annum on the purchase price. The LAD continues until a valid Certificate of Completion and Compliance ("CCC") is issued.
[3] The main issues in this ap
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