*ABSTRACT*:
The Federal Court’s decision in recent case of PJD Regency Sdn Bhd v.Tribunal Tentuan Pembeli Rumah & Anor and Other Appeals has caused turbulence especially among the housing developers. The Federal Court buttress established method of calculating Liquidated Ascertained Damages (”LAD”) for late delivery of vacant possession and raised concerns over current “unhealthy” practice of housing developers.
This article sought to highlight the points raised by the Federal Court especially on the commencement date of LAD calculation (booking fee payment date or Agreement date) and cutting of date of LAD (date of Certificate of Practical Completion or Certificate of Completion and Compliance/Occupation Permit) and the rational of “social legislation” behind this case.
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