29 Sept 2022
1. ) BANDAR SUBANG SDN BHD 2. ) MAJU SERIBU SDN BHD 1. ) NORAZILA BINTI KUSHAIRI 2. ) KAMARUDDIN BIN MOHAMED BAKHARI
- Citation
- BA-22NCC-52-08/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-52-08/2018 (Mahkamah Tinggi)
On the balance of probabilities the demolition order issued by the State/MBSA was a supervening event outside the developer's control which prevented delivery of vacant possession and frustrated the sale agreement; force majeure applied. Given the evidence, the purchasers proved limited monetary loss entitling them to return of deposit and payment of outstanding bank loan as quantified; other heads of relief were not proved and were dismissed.