14 Jan 2020
PERBADANAN PENGURUSAN PANGSAPURI SRI IXORA SAMA PESONA SDN BHD
- Citation
- WA-12ANCVC-149-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCVC-149-06/2019 (Mahkamah Tinggi)
The appeal was allowed because the Sessions Judge misapprehended the facts by conflating the JMB with the Management Corporation and treated two letters as conclusive proof of full statutory handover; the letters showed only limited handover to the JMB and did not satisfy the developer's broader statutory obligations under s55, material triable issues of law and fact (including applicable statute, limitation and developer's duties) existed and therefore the claim was not obviously unsustainable and should proceed to trial.