Grace acted for the employer/developer in this dispute against the main contractor dealing with post-determination rights of the parties in regard the use of construction plant.
- Investasia Sdn Bhd v NTSJ Construction (M) Sdn Bhd [2022] MLJU 3527
Grace acted as lead counsel for the purchasers in their claim for liquidated ascertained damages (“LAD”) against the developer for the delay of vacant possession of a commercial building. Notable issues include the interpretation of the architect’s certificate of extension of time, force majeure clauses under the PAM conditions of a contract and sale and purchase agreements. The purchasers were successful in their claim before the High Court, Court of Appeal and the Federal Court (Apex Court) in Malaysia.
- Capitol Avenue Development Sdn Bhd v Gamwon Properties Sdn Bhd and other appeals [2021] MLJU 403 / [2021] 1 LNS 528
- Mission Richmark Sdn Bhd v Capitol Avenue Development Sdn Bhd [2020] 1 LNS 977
- ML Sutera Sdn Bhd v Capitol Avenue Development Sdn Bhd [2020] MLJU 1003 / [2020] 1 LNS 808
- Pemborong Bumijaya Sdn Bhd v Capitol Avenue Development Sdn Bhd [2019] 1 LNS 447 refd(1)
- Pemborong Bumijaya Sdn Bhd v Capitol Avenue Development Sdn Bhd [2018] MLJU 1241 / [2018] 1 LNS 1787 refd(3)
Grace acted as a trial lawyer for the developer in a series of related civil suits and successfully obtained the High Court’s declaration and an injunction in favour of the developer’s legal and equitable rights to use the road reserve as the right of way over and along the road reserve as access to a 29-storey residential condominium.
- Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2020] MLJU 2123
- Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2019] MLJU 1842
- Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2019] MLJU 1843
In a related action, the Magistrates granted summary judgment against the developer, represented by Grace, who successfully appealed to the High Court on the ground that the purchaser’s action was premature as the right to claim for LAD had not accrued at the time of filing the action. That appeal was in favour of the developer, leading to the group of purchasers in this reported decision to withdraw the action.
- Ten Choy Kung & Ors v Marvelgold Development Sdn Bhd [2019] MLJU 1761
The High Court clarified that the local council was a statutory body and a public authority and interpreted the definition of a “Local Authority” in the context of the Town and Country Planning Ordinance (Cap. 141). The High Court also determined that the Plaintiff’s claim for infringement of its rights by the 1st Defendant fell within public law as opposed to private law.
- Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & 1 Other [2018] MLJU 867 / [2018] 1 LNS 950
Grace acted as co-counsel to defend the developer. 46 purchasers of residential properties filed this claim against the developer for defects in the properties.
- Lim Chon Jet @ Lim Chon Jat & Ors v Yusen Jaya Sdn Bhd [2011] 5 MLJ 239