S.E.A. HOUSING CORP. SDN. BHD. V. LEE POH CHOO
- Citation
- S.E.A. HOUSING CORP. SDN. BHD. V. LEE POH CHOO
- Court
- Malaysian court
Clause 32 was void because it was inconsistent with rule 12(1)(r) of the Housing Developers (Control and Licensing) Rules 1970 which mandates indemnity for delayed delivery; therefore the developer remained liable for liquidated damages and the purchaser lawfully set off those liquidated damages against the final instalment. The purchaser's separate claim for loss of rent failed for insufficient evidence and is precluded by the comprehensive indemnity under r.12(1)(r).