Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Housing development act
  • 22 Oct 2021

    Ng Wai Keong 1. ) Talent Team Sdn Bhd 2. ) Tetuan Soh Hayati & Co

    Citation
    WA-12ANCvC-110-03/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12ANCvC-110-03/2020 (Mahkamah Tinggi)

    The RM5,000 was a stakeholder sum held by the 2nd Respondent, not a booking fee, therefore under the SPA and HDA the LAD calculation commences from the SPA date (23.09.2015); the Housing Controller's extensions of time are valid and any challenge required judicial review in the High Court; consequently vacant possession was delivered within the approved time and no LAD is payable; the court will not order release of stakeholder funds contrary to clause 30 and s22E as that would breach fiduciary, professional and statutory duties and potentially constitute an offence.