Southville City Sdn Bhd (formerly known as Tristar Acres Sdn Bhd) v Noranisah Binti Mohamed Hisa & Anor (and Another Application) [2019] 4 AMR 825

[Judicial Review and calculation of LAD] Justin was counsel for the Developer in this case. The Court dismissed the Judicial Review application and inter-alia held :- (i)The tribunal was correct to find that M/s Khairin Nisan was the lawyer for acting for Applicant. Notwithstanding the fact that it was expressly stipulated in the S&P agreement that vacant possession was to be given within 48 months from the date of the agreement and that the common facilities are to be completed within the same time frame, following Faber Union Sdn Bhd v Chew Nyat Shong & Anor [1995] 3 AMR 2094, the calculation of LAD begins from the date of payment of the booking fee. In this regard, upon payment of the booking fee, the contract is valid as the consideration and object of the agreement are legal.