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Housing developers beware – Federal Court upholds Faber Union


Faber Union(1) is good law.
In total, there were seven appeals before the Federal Court by purchasers and housing developers. The key question that the court considered was where there is a delay in the delivery of vacant possession, does the date for the calculation of liquidated and ascertained damages (LADs) begin on the date of the payment of the booking fee or on the date of the sale and purchase agreement (SPA)?(2)
This article refers to the appeals pertaining to
GJH Avenue Sdn Bhd.(3)
GJH Avenue
The
GJH Avenue appeals comprised three appeals by purchasers of units of bungalows under a Schedule G statutory contract as prescribed under the Housing Development (Control and Licensing) Regulations (HDR) 1989. One of the bungalow units is known as Unit Number L274/PT Number 5415. ....

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