9 Nov 2023
BUKIT PELALI PROPERTIES SDN BHD 1. ) NUR ASMAH BINTI SERAKIM 2. ) MUHAMMAD SHAFIQ BIN ROSLAN 3. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH
- Citation
- JA-25-8-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-25-8-02/2022 (Mahkamah Tinggi)
The court dismissed the judicial review applications. It held clause 27(2) of the Schedule H SPA is conjunctive and vacant possession includes handing over of keys; although clause 27(3) creates a deeming rule if purchaser fails to take possession within 30 days, the applicant could not rely on that deeming because the applicant itself delayed setting key handover appointments and relied on PKP 2.0 inconsistently; the applicant also failed to lodge complete tribunal records (sine qua non) to permit review of the Tribunal's decision; therefore the Tribunal's awards for LAD were not quashed and…