Conclusion to the Saga “Which Date Applies? The date I paid the booking fee or the date stated in the Sale & Purchase Agreement?”
Introduction In our article written on 26.05.2020, we explore the issue that persistently crop up when dealing with homebuyers and housing developers. On 19.01.2021, through the decision of PJD Regency Sdn Bhd v. Tribunal Tuntutan Pembeli Rumah & Anor [Cases No(s): 01(f)-29-10/2019(W), 01(f)-30-10/2019(W), 01(i)-40-12/2019(M), 01(f)-42-12-2019(M), 01(f)-4-02/2020(W) and 01(f)-31-10/2020(W) all heard together], the Federal Court has pronounced the […]
Which Date Applies? The date I paid the booking fee or the date stated in the Sale & Purchase Agreement?
Introduction The Court of Appeal’s decision in Sri Damansara Sdn Bhd v. Voon Kuan Chien & Anor (Civil Appeal No: W – 01(A) – 17 – 01/2019) [“Sri Damansara”] adds to the on-going saga of which date should be used when calculating late delivery damages in a property’s sale and purchase transaction. Factual Background: In […]
COVID-19 Pandemic: Are Contracts Being Frustrated?
IntroductionForce Majeure has been a topical subject during the current Covid-19 pandemic. We should keep in mind that force majeure is a creature of contract. This means that:- a party could only utilise force majeure if there is such clause under the contract they have entered into; and how force majeure is to applied to […]
