22 Apr 2025
Sure Commerce Sdn Bhd Soon Chin Chye & 24 Lagi
- Citation
- P-04(NCvC)(W)-63-02/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-04(NCvC)(W)-63-02/2022 (Mahkamah Rayuan)
The Court held that the Jazz Suites are housing accommodation within the HDA 1966 and the SPAs must conform to Schedule H; accordingly delivery of vacant possession is computed as 36 months from the date of the SPA and Developer is liable for liquidated damages until the Certificate of Completion and Compliance dated 21 April 2017; clause 25 of the SPA precludes purchasers from indemnifying the developer for GST in the circumstances and the developer must refund GST collected; settlement agreements premised on SPA provisions inconsistent with the HDA are void for illegality; Appeal 51 allowed…