17 Aug 2021
1. CHEANG CHEE KONG 2. ZOE CHIM WAI LAM MAYFAIR VENTURES SDN BHD
- Citation
- BA-12B-5-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-5-03/2021 (Mahkamah Tinggi)
The Federal Court's decision in Ang Ming Lee establishes Regulation 11(3) is ultra vires and a Controller cannot lawfully extend the statutorily prescribed 36 month period; accordingly the developer's purported extension to 42 months was ineffective, LAD accrues from expiry of 36 months (23.9.2019); vacant possession deemed delivered per clause 27(3) and keys handed over determine actual delivery date for computation; architect's certification (17.6.2020) is the cut-off for LAD for common facilities as clause 29(3) specifies accrual upon architect certification.