Status quo to remain pending hearing of plaintiff's application

18/05/2001 The Star

A High Court yesterday ordered a geophysicist's application for an injunction compelling a developer to deliver vacant possession of his condominium unit to be maintained status quo.

Justice Tee Ah Sing ordered that the status quo to remain pending hearing of plaintiff Neoh Khoon Lye's application on June 13.

Neoh, 46, a Malaysian residing in Singapore, filed the application for an order compelling developer Trans-Intan Sdn Bhd to deliver vacant possession of his unit on the 19th floor, Block D, Miami Green, Batu Ferringhi.

In his statement of claim, Neoh, represented by Daphne Choy and Ch'ng Suat Ping, said Trans-Intan had wrongfully and in breach of the terms of the sales and purchase agreement between him and the company, failed to deliver vacant possession of the unit.

He claimed this was despite him having paid the full purchase price of the unit minus the liquidated damages due to him by Trans-Intan for the delay of 431 days from the prescribed date of delivery of vacant possession on Dec 21, 1999 until the notice of vacant possession on Feb 23, this year.

Neoh also said subsequent to the execution of the agreement dated Sept 21, 1996, he had settled each and every demand for progressive payment by the company.

In its affidavit-in-reply, Trans-Intan represented by Ong Wee Yen and Melvin Lee, said it had a right to deny Neoh vacant possession as he had failed to settle his outstanding progressive bill payments.

The company also said Neoh had no right to set off the amount as it was done unilaterally and at no time did the company agree to the move.

Trans-Intan added that Neoh's claim that he was entitled to set off the liquidated damages was wrong as the compensation due under the particular clause was still uncertain and unliquidated.

Justice Tee also fixed the same date to hear another application by Neoh for judgment in default against the company.

Neoh filed the application on May 2 on grounds that the company had failed to file its statement of defence within the prescribed time of 14 days after entering an appearance in the suit.