28 Feb 2024
1. ) Wong Bak Kiong 2. ) Chong Shiuk Hien 3. ) Yee Siew Pooi 1. ) Namiq Kunimoto 2. ) Serai Saujana Management Corporation 3. ) SERAI SAUJANA DEVELOPMENT SDN BHD 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR
- Citation
- BA-22NCvC-129-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-129-05/2020 (Mahkamah Tinggi)
Court found the foyer area was lawfully sold to the 1st Defendant as evidenced by the SPA, as-built drawings and the strata plan; the layout breached UBBL safety requirements but the sale was not void for illegality or public policy because there was no evidence the purchaser was aware of the non-compliance and the facts do not mirror cases of deliberate circumvention (eg Ideal Advantage); liability to rectify rests with the developer who designed/supplied the defective layout; accordingly Suit 129 was dismissed and Suit 451 allowed, ordering the developer to provide an accessible second emer…