20 Apr 2021
COSMOPOLITAN AVENUE SDN BHD 1. THIEN KIM KEONG 2. CHANG NYONG SIEW 3. LEE SENG HUAT 4. NG KEOK CHENG
- Citation
- BA-12ANCVC-201-12/2019 Di Dengar Bersama BA-12ANCVC-199-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCVC-201-12/2019 Di Dengar Bersama BA-12ANCVC-199-12/2019 (Mahkamah Tinggi)
The Deeds of Assignment, read in their entirety and having been executed as security pending issuance of title, operate by way of charge only so the plaintiffs retained locus standi to sue; further, delivery of vacant possession under the SPA occurred upon issuance of the architect's Certificate of Practical Completion and the vendor's notice (and the 14‑day deeming provision), not upon issuance of the Certificate of Completion and Compliance, therefore notices issued before the contractual due dates meant no LAD was payable; accordingly the plaintiffs' claim was frivolous and both the strike…