vacant possession

Case Update: Court of Appeal Decides Minister Can Grant Extension of Time for Vacant Possession

The Malaysian LawyerLeave a comment

Guest writer, Annabel Tan, shares with us the Court of Appeal decision in the Bluedream case dealing with whether the Minister can extend time or not.

 

The Court of Appeal in Bluedream City Development Sdn Bhd v Kong Thye & 184 others and 5 other appeals (grounds of judgment dated 24 January 2022) decided that the Minister has the power to grant an extension of time to a housing developer to deliver vacant possession. The Court of Appeal distinguished an earlier Federal Court decision.

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Case Update: Court of Appeal Confirms Delivery of Vacant Possession Calculated from Date of Agreement

Lee ShihLeave a comment

The Court of Appeal issued its grounds of judgment dated 20 August 2019 for GJH Avenue Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & 2 Others. The case has essentially decided that the Tribunal of Homebuyer Claims should have applied the plain language of the Schedule G format of sale and purchase agreements under the Housing Development laws. Delivery of vacant possession is to be calculated from the date of the agreement and not from the date of the payment of the booking fee.

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