Sor Kok Wah & 4 Ors v Draland Sdn Bhd
- Citation
- Sor Kok Wah & 4 Ors v Draland Sdn Bhd
- Court
- Malaysian court
Clause 2.04 of the sale agreements, which deferred the developer's obligation to apply for strata titles until completion of the entire complex, was inconsistent with the mandatory time requirements of the Strata Titles Act 1985 and therefore void; the defendant was required to take the steps to obtain provisional or separate strata titles (pursuant to s7(2), s10A and s20) after certification of fitness for occupation and is liable to compensate the plaintiffs for losses arising from its failure to apply, including refund of the surcharge for the relevant period and costs.