FERNANDAZ HOLDING SDN. BHD. & YANG LAIN LWN. SHARANI HOLDINGS (M) SDN. BHD. & YANG LAIN
- Citation
- FERNANDAZ HOLDING SDN. BHD. & YANG LAIN LWN. SHARANI HOLDINGS (M) SDN. BHD. & YANG LAIN
- Court
- Malaysian court
Court held Regulation 12(1) applied to the sale agreements for condominium apartments and the extension to 48 months contravened Schedule E which limits completion to 24 months; the contracts were therefore voidable and, given the developer's failure and the rescission between defendant 1 and defendant 2, the plaintiffs' agreements were rescinded. Defendant 2 was not a developer as defined by s.3 because there was no evidence it made payments or financed the project; claims against defendant 2 were dismissed. Judgment was entered for plaintiffs against defendant 1 with costs.