High Court says amendments made to the SPA without the condo buyers’ consent were invalid, and rendered the developer liable for late delivery.
Judge Wong Mee Ling allowed the unit owners’ claim for compensation, ruling that amendments to the sale and purchase agreement (SPA) made by developer R&F Development Sdn Bhd without the buyers’ consent were invalid.
She said the amendments, which split the project from a single phase into two, had breached the terms of the agreement, dismissing the developer’s contention that the delay was excused by the need to amend the project’s building plans.
The owners filed their suit in 2018 for late delivery of their units and the unavailability of the common facilities when the units were handed over.
They were each awarded between RM35,000 and RM196,000 for late delivery, and received an additional sum of between RM6,900 and RM39,000 for late completion of the common facilities.
The court, however, dismissed cases brought by another 39 plaintiffs who had signed the SPA after the building plans were amended. Wong ordered that they pay costs of RM10,000 each to R&F.
The judge also ordered a refund of the maintenance charges paid by the 84 unit owners prior to the November 2018 completion date stipulated in the SPA.
However, she rejected the plaintiffs’ claims for exemplary and special damages, saying there was no evidence they had suffered any losses.
The unit owners had, in 2021, obtained summary judgment against the developer.
However, the matter went to a 10-day trial which ended in September 2024, after the Court of Appeal allowed the developer’s appeal.
The unit owners were represented by NG Vinod and Rashmeet Kaur, while Josiah Tea Yoong Kit and V Mavin Rajah appeared for the defendants. - FMT
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