Revisiting Selva Kumar Murugiah v Thiagarajah Retnasamy: The Coming of Age of the Law on Proving Liquidated Ascertained Damages in Housing Development Contracts

13 Oct 2020 - Tue / 1 day / 10:00am - 12:00pm / CPD Live webinar on Zoom

This CPD Live webinar explores the locus classicus decision of Selva Kumar Murugiah v Thiagarajah Retnasamy [1995] 2 CLJ 374 and the plethora of cases that have endorsed the said decision, with regard to the issue of proving actual damages which has shaped the law on proving LAD in housing development contracts.

Highlight: Registration will open once the circular has been issued
Law Student: RM 0
Member: RM 20
Members admitted from 1 July 2011: RM 20
Non-Member: RM 60
Pupil in Chambers: RM 0
Organisers: Bar Council

CPD Points: 2
Event Code:


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Claims and payments of liquidated ascertained damages (“LAD”) in housing development contracts have become very contentious in recent years. Many developers are brought to court for late completion of housing development projects within the stipulated contractual period claims on payments of LAD. However, homebuyers are perplexed that even when the computation of LAD is expressly provided for in the sales and purchase agreement (“SPA”), the law on LAD requires LAD to be proved. Such a position is intriguing and causes unwarranted hardship to these innocent purchasers.

This CPD Live webinar explores the locus classicus decision of Selva Kumar Murugiah v Thiagarajah Retnasamy [1995] 2 CLJ 374 and the plethora of cases that have endorsed the said decision, with regard to the issue of proving actual damages which has shaped the law on proving LAD in housing development contracts.


Ranjan Datuk N Chandran graduated with a Bachelor of Laws (2nd Class Upper Honours) degree from the University of London in 1994 and completed the Certificate of Legal Practice in 1995. He was admitted as an advocate and solicitor of the High Court of Malaya in 1996 and has been in practice for 25 years. He had his own practice under the name of Ranjan Chitravathy & Nik for 16 years, from 1999 to 2015.

In 2016, he joined the firm Hakem Arabi & Associates as a Commercial & Construction Partner. He appears frequently as counsel in the Appellate Courts and the High Courts. His area of experience ranges from liquidation, construction, strata, joint management body (“JMB”), to representative actions and more. He has a passion for writing articles and has had many of his articles published in law journals and also The Edge Weekly.

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