On the 1st day of hearing , the Judge need to postpone it to later date due to require to study the case in details at that time. The only point from the Developer object the claim is due the buyer had signed the letter when receiving the LAD payment. There is a clause in the letter mentioning as below:
“In addition, you agreed that upon receipt of the amount stated in above, you shall not have any further claim against us for costs, damages or whatsoever after this.”
Normally the case postpone will be listed for 2nd hearing after 1 month. Borang 4 will be received by purchaser once the hearing date is fixed by Tribunal court. The purchaser requires to bring the Borang 4 when attending the 2nd hearing.
On the 2nd hearing, basically is just a hearing on the decision. The Tribunal court mentioned that, the Akta already mentioned if the late delivery of the project, developer will need to pay for the LAD (Liquidated and ascertained damages). It is not allowed to have another agreement out of the Akta similar like above clause. It will be consider as Contract out in this case.
As such, the Tribunal court awarded the claims to the purchaser which is the full LAD payment from the date of booking for both unit and common facility. The payment has to be done not later than 30 days.
You may request a copy of How to calculate the LAD Compensation by fill up below forms.
