22 Oct 2019
AUSTIN HEIGHTS SDN. BHD (COMPANY NO. 599146-X) 1. TEO KIM KEONG (NRIC No.: 820226015437) 2. LIM HUI JIAN (NRIC NO.: 830102055444)
- Citation
- . JA-12ANCVC-39-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- . JA-12ANCVC-39-03/2019 (Mahkamah Tinggi)
The High Court held that the respondents have locus standi to sue despite the deed of assignment; Section 22C is procedural in nature and failure to notify the financier does not bar the action though the financier should be notified; the deed of assignment could not be read to extinguish purchasers' substantive rights in every case; the Strata Management Act does not oust the purchasers' right to sue the developer in court. Accordingly the appeal was dismissed and the matters remitted to the Sessions Court for final determination.