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2025 MarsdenLR 524110

HIGH COURT (SHAH ALAM)
TEE GEOK HOCK, JC
Tee Kian Chiong & Ors – Appellant
Versus
Lakefront Residence Sdn Bhd – Respondent


Advocates:
Wong Poh Yee (K Y Soo) for the plaintiff.
Enoveetha Bhaskaran (Sree Harry & Co) for the defendant.

Tee Geok Hock JC:

GROUNDS OF JUDGMENT

(Enclosure 10: Summary Judgment and Enclosure 13: Striking Out of Suit)

Introduction

[1]The Plaintiffs/purchasers’ claims against the Defendant/developer in the present suit are for recovery liquidated damages for delay in delivery of vacant possession of residential property units and the delay in completion of common facilities in a residential development project pursuant to the terms of their respective Schedule H Sale and Agreements signed between the parties.

[2]By Enclosure 10 the Plaintiffs/purchasers applied for summary judgment under O. 14 of the Rules of Court 2012 (“ROC 2012”) and by Enclosure 13, the Defendant applied under O.18 r.19 to strike out the Plaintiffs’ action herein.

[3]After hearing the counsel’s further oral submissions on 9 August 2022 in addition to their written submissions, this Court on 2 September 2022 granted summary judgment in favour of some but not all of the Plaintiffs and also dismissed the Defendant’s application for striking out.

[4]Dissatisfied, the Defendant has appealed against the said decisions on summary judgment for some Plaintiffs and the dismissal of the Defendant’s application for striking out of the a

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