14 Oct 2020
Zara Aida binti Razali & 26 Ors Sungei Lalang Development Sdn Bhd [No. Sykt: 83963-M]
- Citation
- 22NCVC-9-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-9-01/2018 (Mahkamah Tinggi)
The court held that the SPAs, signed after the statutory amendment, were governed by the certificate of compliance and completion language in clause 23 and the defendant was bound by that clause; therefore the defendant's notice of delivery of vacant possession was invalid for failing to grant the right to occupy. However, the plaintiffs had unlawfully occupied and renovated prior to obtaining the certificate of fitness and thereby caused the delay; on public policy and estoppel grounds the plaintiffs could not recover LAD and the claim was dismissed.