1. ) KIRUBAGHARAN A/L SIVANADHAM 2. ) FARAMALA DAWI A/P SAMY DURAI 3. ) Thamil Selvi A/p Letchumanan Pillai v 1. ) HARTAWAN PASIFIK SDN BHD 2. ) KHALID HAJI AHMAD (Berniaga dibawah nama dan gaya Khalid Ahmad Architects) 3. ) PERUNDING JPC SDN BHD
wa-22ncvc-305-04-2021 High Court (Mahkamah Tinggi) 3 June 2026 • WA-22NCvC-305-04/2021 • 11 min read
1 cases cited
(0 SG, 1 foreign)
Catchwords
Housing Development – Sale and Purchase Agreement – Delivery of vacant possession – Certificate of Completion and Compliance (CCC) – Challenge to validity of CCC – Alleged non-compliance with Clause 23 and Clause 31(e) of statutory Sale and Purchase Agreement – Whether subsequent water reticulation, takeover documentation, regularisation process and dealings with water authorities rendered CCC invalid – Whether lawful vacant possession was delivered – Whether Plaintiffs entitled to Liquidated Ascertained Damages (LAD). Building Law – Street, Drainage and Building Act 1974 – Certificate of Completion and Compliance (CCC) – Principal Submitting Person (PSP) – Forms G1–G21 – Statutory certification – Whether subsequent operational or regulatory issues retrospectively invalidated an already issued CCC – Distinction between subsequent regularisation and proof of legal invalidity of CCC. Professional Negligence – Architect – Principal Submitting Person – Consulting Engineer – Duty of care – Whether architect and consulting engineer liable to purchasers for alleged defective certification – Whether actionable negligence, fraud or unlawful certification established – Lok Kok Beng & Ors v Loh Chiak Eong & Anor [2015] 4 MLJ 734 applied. Damages – Liquidated Ascertained Damages (LAD) – Whether LAD continued to accrue after issuance of CCC – Whether claim for continuing LAD sustainable where lawful vacant possession found to have been delivered – Whether subsequent infrastructure and regularisation issues sufficient to extend contractual LAD. Evidence – Burden of proof – Balance of probabilities – Whether Plaintiffs established that CCC was legally void or incapable of supporting lawful delivery of vacant possession – Effect of subsequent documentary history and dealings with statutory authorities. Civil Procedure – Successor Judge – Trial completed before deceased Judge – Decision delivered by successor Judge after consideration of pleadings, Notes of Proceedings, witness statements, documentary exhibits, written submissions and oral clarification by parties. Held: Plaintiffs failed to establish that the CCC dated 13 September 2013 was legally invalid or that the statutory and contractual requirements for delivery of vacant possession had not been sufficiently satisfied. While subsequent matters relating to water reticulation, takeover documentation, regularisation and dealings with the relevant water authorities existed, such matters did not, without more, invalidate the CCC or negate the legal effect of the delivery of vacant possession. Claims against the architect (PSP) and consulting engineer were not established. Plaintiffs' claim, including the claim for LAD, dismissed with costs.
Practice Areas
Judges (1)
Counsel (10)
Ganesan & Irmohizam Firm R. Sivagnanam & Assoc. Firm Rasvin Sodhi & Co Firm Steven Tai, Wong & Partners Firm Chong Yi Zhen Counsel Defendant Dheebak Kumaran Counsel Plaintiff K. Ganesan Counsel Defendant Nurjeehan Abd Jabar Counsel Defendant Rutheran Sivagnanam Counsel Defendant Siti Vunyra Iskandar Counsel Defendant
Cases Cited (1)
MY (1)
[2015] 4 MLJ 734
Judgment
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