18 Jan 2021
Khor Beng Chong (No. KP: 770302-07-5907) Amanvida Development Sdn Bhd (No. Syarikat: 1012177-X)
- Citation
- PA-12ANCvC-29-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCvC-29-09/2020 (Mahkamah Tinggi)
On the facts the booking fee paid on 6.5.2015 was held by solicitors as stakeholder in the client account and was not paid to the developer until 29.1.2016; a stakeholder holding of funds does not constitute formation of contract. Therefore the contract for the purposes of clauses fixing time for delivery and completion came into existence on 29.1.2016 when the stakeholder sum was released and received by the developer, and time for calculating liquidated damages runs from that date. Vacant possession was properly found to have been taken on 4.7.2019; completion of common facilities occurred…