9 Nov 2023
BUKIT PELALI PROPERTIES SDN BHD 1. ) RIFAIE BIN SABAR 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH
- Citation
- JA-25-10-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-25-10-03/2022 (Mahkamah Tinggi)
The court dismissed the developer’s judicial review applications. It held that clause 27(2) of the Schedule H SPA means delivery of vacant possession includes handing over of keys and that clause 27(3) only deems delivery where the purchaser fails to take possession within 30 days; on the material before the court the developer itself delayed fixing key handover appointments and relied inconsistently on MCO 2.0, and the developer failed to produce complete tribunal proceedings so review could not succeed; therefore the Tribunal awards for LAD were not irrational and were upheld; costs RM2,000…