Background

In a legal battle within the Malaysian construction and real estate sector, the firm took the lead in representing Amprojek Construction Sdn Bhd, the developer of a housing project. The case, Amprojek Construction Sdn Bhd v Lee Shy Tsong & Ors, unfolded following a judgment from the High Court, which ruled in favor of several purchasers and awarded approximately RM 2.3 million in liquidated ascertained damages. The crux of the dispute revolved around issues pertaining to the delivery of vacant possession and the defect liability period. As the legal landscape became more intricate, our legal team embarked on a comprehensive strategy to navigate these complex matters.

Approach

Facing the challenges presented by the High Court’s judgment, our legal approach was meticulous and strategic. We honed in on the specific issues of the delivery of vacant possession and the defect liability period, dissecting the nuances of the case to build a compelling argument for the appeal. Our legal team conducted thorough research, delving into relevant statutes, precedents, and contractual agreements governing the housing project. Armed with a deep understanding of the intricacies involved, we strategically crafted arguments that aimed to overturn the High Court’s decision. Our approach was not only about contesting the awarded damages but also about establishing a robust legal precedent that could impact future cases in the realm of construction and property law.

Outcome

The culmination of our legal efforts yielded a resounding success in the Court of Appeal. We successfully overturned the judgment of the High Court on the critical issues of the delivery of vacant possession and defect liability period. This victory not only absolved our client, Amprojek Construction Sdn Bhd, from the substantial financial burden imposed by the initial judgment but also set a precedent for the industry. The Court of Appeal’s decision not only clarified legal standards but also highlighted the importance of a fair and nuanced approach in assessing matters related to the delivery of properties and defects liability. This case stands as a testament to our resolute commitment in achieving favourable outcomes for our clients whilst also contributing to the evolution of legal principles in the construction and real estate sector.