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ARTICLE · 13 APRIL 2023

Case Update: Homebuyer Claims Tribunal Can Hear Split Claims For Distinct Matters

Facts Remeggious Krishnan (the ‘Appellant') agreed to purchase a property unit from SKS Southern Sdn Bhd (the ‘Respondent'), who was the developer of a residential project in Johor Bharu.

MalaysiaReal Estate and Construction
Zul Rafique & Partners
Zul Rafique & Partners

PROPERTY LAW

Tribunal For Homebuyer Claims - Separate Claims - Different & Distinct Matters - Exceeds Tribunal Jurisdiction - Appeal

Remeggious Krishnan v SKS Southern Sdn Bhd (dahulu dikenali sebagai MB Builders Sdn Bhd)

[2023] 1 LNS 362 | Federal Court
- see the grounds of judgment here

Facts Remeggious Krishnan (the 'Appellant') agreed to purchase a property unit from SKS Southern Sdn Bhd (the 'Respondent'), who was the developer of a residential project in Johor Bharu. The relevant clause in the Sale & Purchase Agreement ('SPA') stipulated that the time for delivery of vacant possession of the property was 36 months from the date of the SPA, namely on or before 6 February 2020. The manner of delivery of vacant possession under the SPA included the connection to water and electricity supply. In April 2018, the Respondent informed the Appellant of its readiness to deliver vacant possession, however it was delivered with no electricity connection to the

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