12 Oct 2023
Garuda Searah Sdn. Bhd. 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) YEOW POOI MUN
- Citation
- WA-25-67-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-67-02/2022 (Mahkamah Tinggi)
The High Court concluded that a binding contract was formed on 9.9.2017 when the Purchase Application Form (with clear identification of unit and price) and payments were made; accordingly the 36‑month period for delivery of vacant possession started from 9.9.2017; the Tribunal's conclusion on that point was not vitiated by illegality, irrationality or procedural impropriety, but the Tribunal failed to transparently explain its computation of quantum of damages, so calculation of LAD should be on the basis that vacant possession was due by 9.9.2020 and delivered on 21.10.2021 less the days ex…