Based on a true story, Witter Yee recounts the tale of two
conflicting Court of Appeal decisions.
Housing developers in Malaysia thought they had found some
relief when the Court of Appeal decided that the date of delivery
of vacant possession should be calculated from the date of the sale
and purchase agreement. Alas, their relief was short-lived when two
days later, a different panel of the Court of Appeal decided that
it should be calculated from the date when the booking fee was
paid.
This is the tale of the Court of Appeal's decisions on 20
August 2019 in the case of GJH Avenue Sdn Bhd v Tribunal
Tuntutan Pembeli Rumah, Kementerian Kesejahteraan Bandar, Perumahan
dan Kerajaan Tempatan & Ors [2019] 6 AMR 112 ("GJH
Avenue") and on 22 August 2019 in the case of PJD Regency
Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (Civil
Appeal No: W-01(A)-174-03/2018) ("PJD Regency").
