Developer’s counterclaim restored after RM400 filing fee shortfall
The High Court had, of its own accord, struck out the counterclaim after the developer accidentally paid RM16 instead of RM416.
PUTRAJAYA: The Court of Appeal has allowed a developer's appeal to revive its counterclaim against 40 house purchasers, which the High Court had previously dismissed due to a filing fee shortfall. The three-member bench, led by Justice Alwi Abdul Wahab, recorded a consent order without contest after the purchasers agreed to permit the appeal.
The developer, Platinum Eminent Sdn Bhd, had initially filed a defence and counterclaim for liquidated damages, but inadvertently paid only RM16 instead of the required RM416 filing fee. Neither side noticed the RM400 shortfall during the hearing on Nov 14, 2024. On Jan 10, 2025, the judge dismissed the counterclaim due to the filing fee issue.
The developer appealed, seeking permission to top up the shortfall and regularise the counterclaim. Case management is set for Sept 2, with K F Ee and Emily Hiew representing the developer, while Wong Renn Xin argued for the purchasers.
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- Developer’s counterclaim restored after RM400 filing fee shortfall freemalaysiatoday.com
