6 Dec 2019
SRI DAMANSARA SDN. BHD. (Co. No.: 110516-H) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. FONG SOO KEN (NRIC NO.: 580724-08-6904) 3. YOA KIAN HOW (NRIC NO.: 580724-08-6904)
- Citation
- BA-25-50-08/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-25-50-08/2017 (Mahkamah Tinggi)
Regulation 11(3) of the HDR is ultra vires the HDA (per Ang Ming Lee), therefore the Controller's purported extension to 42 months is invalid; parties are bound by Schedule H which prescribes a 36 months period running from the date of the SPA; the tribunal erred in computing the period from the part payment, in failing to consider the rebate and the counterclaim, and in omitting the claim on common facilities; the High Court quashed the tribunal decision and in the interest of justice made a substitute award ordering the developer to pay RM39,327.10 plus interest and taxed costs as computed.