15 Jul 2021
Abdul Rafit Bin Junus [No. K/P: 850702-12-6259] Tetuan Sidek Teoh Wong & Dennis [didakwa sebagai firma guaman]
- Citation
- WA-12ANCvC-115-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-115-03/2020 (Mahkamah Tinggi)
The appeal was dismissed because the SPA (clause 30) expressly governed the stakeholder sum and conditions for release were unmet, the defect-liability period and certification requirements remained unfulfilled, there was no judgment against the developer to trigger release, and statutory provisions (s7A(7) and s22E HDA 1966) prohibit release that would defeat the statutory protective scheme — therefore the claim against the stakeholder disclosed no reasonable cause of action and was properly struck out under Order 18 r 19.