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FEDERAL COURT (PUTRAJAYA)
ABANG ISKANDAR ABANG HASHIM, ZABARIAH MOHD YUSOF, HASNAH MOHAMMED HASHIM, HARMINDAR SINGH DHALIWAL, ABDUL KARIM ABDUL JALIL, JJ
Obata-Ambak Holdings Sdn Bhd – Appellant
Versus
Prema Bonanza Sdn Bhd and other – Respondent
| Table of Content |
|---|
| 1. court hears multiple related appeals. (Para 1 , 2) |
| 2. details of the appeals and projects involved. (Para 3 , 4 , 5 , 6 , 7) |
| 3. high court dismisses summary judgment application. (Para 8 , 9 , 10) |
| 4. high court findings regarding developer's obligations. (Para 11 , 12 , 13 , 14 , 15) |
| 5. court of appeal's analysis on time limitation. (Para 18 , 19 , 20 , 21 , 22) |
| 6. court discusses enforceability of spa clauses. (Para 30 , 31 , 32) |
| 7. legal significance of the purchase agreement details. (Para 39 , 41 , 42 , 43) |
| 8. legislative framework for housing development regulations. (Para 54 , 55 , 56 , 57) |
| 9. unjust enrichment principles discussed in housing context. (Para 170 , 171 , 172 , 173 , 174) |
| 10. court's final decision across all appeals. (Para 178) |
GROUNDS OF JUDGMENTINTRODUCTION
[1]There are five appeals which were heard together given the commonality of issues in the questions of law raised for our determination. One appeal was filed by the purchaser of the condominium units, The Sentral Residences. The other appeals are appeals filed by the developers of the projects, Prema Bonanza Sdn Bhd (Prema) and Sri Damansara Sdn Bhd (Sri Damansara). The appeals were heard together
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