31 May 2020
KHOO SOON LEE REALTY SDN BHD (COMPANY NO: 66384-P) 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH Kementerian Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan 2. TAN CHEW LI [NRIC No.: 771119055400]
- Citation
- JA-25-12-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-25-12-04/2018 (Mahkamah Tinggi)
The court held that 'ready for connection' and Clauses 26/35 must be read to require that effective vacant possession entitles a purchaser to actually draw electricity and water in the unit; therefore late delivery runs from scheduled delivery date until utilities are connected to each parcel; liquidated damages for late delivery must be calculated using the price actually paid by the purchaser (discounted price) as the multiplicand; and purchasers who have validly entered settlements/consent judgments cannot later pursue Tribunal claims — such Tribunal decisions are quashed insofar as they r…