Builder ordered to deliver unit

08/02/2002 The Star

A geophysicist succeeded yesterday in his application in the High Court to compel a developer to deliver vacant possession of his condominium unit in Batu Ferringhi.

Justice Tee Ah Sing allowed Neoh Khoon Lye’s application with costs, ruling that he was entitled to vacant possession of his unit within 14 days, failing which he may use reasonable force to take vacant possession.

Justice Tee also said he agreed with Neoh’s submissions that he was entitled to set off the liquidated damages due to him against the purchase price of the unit.

Neoh, 46, represented by Daphne Choy, applied for the order in support of his suit against Trans-Intan Sdn Bhdfor failing to deliver vacant possession of the unit at Miami Green, Batu Ferringhi.

Neoh, a Malaysian residing in Singapore, said in his statement of claim that he instructed his solicitors to give notice to Trans-Intan that RM26,673.35 was due to him in liquidated damages as a result of the 431-day delay from the prescribed date of vacant possession delivery until issuance of vacant possession notice.

He said that RM5,334.67 was also due to him in liquidated damages for the delay in completion of the common facilities at the condominium project.

He claimed after setting off both the sums, he made out a cheque for RM8,427.15 being the final progressive payment to Trans-Intan less the liquidated damages due to him.

Trans-Intan, represented by counsel Ong Wee Yen, in its affidavit-in-reply said it had a right to deny Neoh vacant possession of his unit as he had failed to settle his outstanding progressive bill payment.

The developer 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 setting off.

Trans-Intan added that Neoh was not entitled to set off the liquidated damages for the delay in completion of the common facilities as the compensation due was still uncertain and unliquidated.