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2021 MarsdenLR 699

HIGH COURT MALAYA KUALA LUMPUR
OBATA AMBAK HOLDINGS SDN BHD – Appellant
Versus
PREMA BONANZA SDN BHD & OTHER CASES – Respondent


JUDGMENT

Mohd Firuz Jaffril J:

[1] The present matter before me deals with the following three cases:

(a) Civil Suit No: WA-22NCVC-301-06-2020 - Asmaziah binti Abu Bakar v. Prema Bonanza Sdn Bhd ("Suit 301");

(b) Civil Suit No:: WA-22NCVC-303-06-2020 - Foong Chee Tek and Tan Wan Chen v. Prema Bonanza Sdn Bhd ("Suit 303"); and

(c) Civil Suit No:: WA-22NCVC-305-06-2020 - Obata-Ambak Holdings Sdn Bhd v. Prema Bonanza Sdn Bhd ("Suit 305").

[2] All three suits were filed on 18 June 2020. As the facts are similar in broad facts and arose from the same development project, I heard them together on 15 March 2021.

Brief Facts Of The Case

[3] The plaintiffs are purchasers to a development named The Sentral Residence located at the KL Sentral, Kuala Lumpur ("the development"). The defendant is the developer to the development.

[4] The plaintiffs have entered into sale and purchase agreements ("SPA") prescribed under Schedule H of the Housing Development (Control and Licensing) Regulations 1989 ("HDR") on various dates as follows:

(a) Suit 301 - SPA dated 24 July 2012;

(b) Suit 303 - SPA dated 28 October 2013; and

(c) Suit 305 - SPA dated 11 July 2012 and 18 July 2012.

[5] Vacant possession was delivered b


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