SALMAH SULAIMAN & ANOR. V. METROPLEX DEVELOPMENT SDN. BHD.

SALMAH SULAIMAN & ANOR. V. METROPLEX DEVELOPMENT SDN. BHD.

Rule r.12(1)(1) and clause 18 of the agreement restrict the developer's duty to connection of external mains to internal mains and exempt the developer from delays in supply by public authorities; therefore vacant possession was delivered on 31 March 1983 and appellants were not entitled to damages for subsequent delays in utility supply.

Citation
SALMAH SULAIMAN & ANOR. V. METROPLEX DEVELOPMENT SDN. BHD.
Parties
Appellant / Purchaser: Salmah Sulaiman & Anor. (Administrators of the estate of Ahmad bin Ibrahim); Respondent / Housing Developer: Metroplex Development Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1996
Procedural Posture
Civil Appeal / Court of Appeal Decision (appeal From High Court)
Outcome
Appeal dismissed
Legal Topics
Vacant Possession, Liquidated Damages, Delay in Delivery, Statutory Interpretation, Developer Obligations, Supply of Utilities
Source Language
en
Contract Property Housing Law Vacant Possession Liquidated Damages Delay in Delivery Statutory Interpretation Developer Obligations +1 more

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Parties

Salmah Sulaiman & Anor. (Administrators of the estate of Ahmad bin Ibrahim)

Appellant / Purchaser

Metroplex Development Sdn. Bhd.

Respondent / Housing Developer

Procedural Posture

Civil Appeal / Court of Appeal Decision (appeal From High Court)

Legal Issues

  1. 1 Whether vacant possession requires actual supply (flow) of water and electricity
  2. 2 Whether developer is liable for delays in supply of utilities caused by public authorities
  3. 3 Construction and effect of Housing Developers (Control & Licensing) Rules r.12(1)(1) and clause 18 of the sale and purchase agreement

Ratio Decidendi

Rule r.12(1)(1) and clause 18 of the agreement restrict the developer's duty to connection of external mains to internal mains and exempt the developer from delays in supply by public authorities; therefore vacant possession was delivered on 31 March 1983 and appellants were not entitled to damages for subsequent delays in utility supply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Vacant possession deemed delivered on 31 March 1983