27 Aug 2025
ENCORP ISKANDAR DEVELOPMENT SDN BHD XXXX
- Citation
- B-02(NCvC)(W)-779-04/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-779-04/2022 (Mahkamah Rayuan)
On the facts and contemporaneous documentary evidence (financiers' letters and UOB end financing agreement) and the Developer's own conduct of continuing to service progressive interest after the 48-month period, the DIBS obligation was not limited to the 48-month contract period but extended until actual delivery of vacant possession; ambiguities construed against the drafting Developer and estoppel barred the Developer from denying its conduct — appeal dismissed and High Court decision affirmed.