12 Oct 2023
GARUDA SEARAH SDN. BHD. 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) CARMEN CHAI MENN MENN
- Citation
- WA-25-124-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-124-03/2022 (Mahkamah Tinggi)
The court held that a binding contract was formed on 9 September 2017 when the Purchase Application Form and payments were made; accordingly the 36‑month period for delivery of vacant possession runs from 9.9.2017 (so VP due 9.9.2020). The Tribunal's conclusion that time starts from initial payment was not tainted by illegality, irrationality or procedural impropriety and thus the Awards stand subject to calculation of LAD from 9.9.2017 less the agreed s35 COVID‑19 Act exclusion; the High Court will not recalculate the Tribunal's unexplained quantum.