10 Mar 2021
BHL Waterfront Sdn Bhd (No. Syarikat: 1830-M) 1. Tribunal Tuntutan Pembeli Rumah Pulau Pinang 2. Lau Eng Kee (No. KP: 810515-07-5437)
- Citation
- PA-25-24-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-25-24-05/2019 (Mahkamah Tinggi)
The award was quashed because the Tribunal misapplied the law by treating funds paid to the purchaser's solicitors as a developer deposit/date of agreement without recognizing the solicitor's stakeholder/trust relationship; on the facts the operative date when the developer received the funds (18/3/2013) is the relevant date for the commencement of the contractual period, and vacant possession was properly deemed upon expiry of 14 days from the 10/3/2017 notice (24/3/2017); the Tribunal's failure to produce written reasons immediately was not fatal because reasons were later supplied and sati…