21 Apr 2021
COUNTRY GARDEN PACIFICVIEW SDN BHD (Company No: 1044344-D) ANAND RAJ GIRI A/L HARIPASAR GIRI
- Citation
- JA-11BNCvC-12-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-11BNCvC-12-10/2020 (Mahkamah Tinggi)
The SPA took effect on 11 October 2017 when the Plaintiff signed the relevant documents and paid the deposit; the Sales Form did not prevail over the statutory SPA; payments were valid under the Housing Development regulations; the Plaintiff repudiated the SPA and the Deed of Revocation together with SPA clause 11 lawfully authorized the Developer to forfeit/deduct as agreed (including 10% of the purchase price), therefore the Magistrate's award in favour of the Plaintiff was set aside and the appeal allowed.