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HIGH COURT MALAYA KLANG
PERRESIA RESOURCES (M) SDN BHD – Appellant
Versus
PERSPEKTIF MASA SDN BHD & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. background facts about property purchase and agreements. (Para 1 , 2 , 3 , 4 , 5) |
| 2. argument on plaintiff's locus standi. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. debate regarding the deed's exclusion of claims. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. late delivery and calculation of damages. (Para 18 , 19 , 20 , 21) |
| 5. claim barred by laches and delay. (Para 22 , 23 , 24) |
[Full Trial]
A. Background Facts
[1] Suit No.: BL-22NCVC-21-06/2023 (known as Suit 21) and Suit No.: BL-22NCvC-22-06/2023 (known as Suit 22) will be decided together since both are tried together. The documents are common for both suits
The Plaintiff were purchasers of two (2) units of condominium under the D'Rapport Festa, Ampang ("Project") developed by the Defendant.
[2] Parties then entered into two (2) Sale and Purchase Agreement, both dated 22 February 2011 ("SPA") with the purchase price of RM1,060,200.00 and RM1,056,700.00 respectively ("Properties"). Plaintiff claims that the purchase price were paid by 3rd party consideration, which was the debt owed by the Defendant to one Juruukur Bahan FPPS Sdn Bhd ("FPS") to which a Deed of Settlement dated 29 August 2013 was entered betwe
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