Landmark Ruling Restricts Developers From Charging Admin Fees


Lawyer Dato’ Seri Rajan Navaratnam represented appelants KAB Corporation and Impiana.KUALA LUMPUR, Dec 18 – In a landmark ruling recently, the Court of Appeal said that developers or subsequent holders of a Master Title for lands cannot unilaterally impose excessive and exorbitant fees where their consent is required for any resale, transfer or assignment of rights for property purchased pending the issuance of a separate strata title
It has always been the practice by developers to impose administrative fee to purchasers where the separate title to the respective properties has yet to be issued in the name of buyers such as shop lots, office premises and condominiums
The appeal was filed by KAB Corporation Sdn Bhd (KAB) and its related company Impiana Sdn Bhd, against developer Master Platform Sdn Bhd
According to the facts of the case, in 2015 the owner of the property concerned, KAB had sought consent from Master Platform, being the Master Title holder to the said land, to assign the property to a bank for additional revolving credit facility for the benefit of the Impiana
Master Platform then had only agreed to provide their consent if KAB paid them a sum of 1% equivalent to the facility sum, that being RM65,000, even though there was no stipulation for such a rate in the agreement
Exorbitant and excessive fee for consentBoth KAB and Impiana then filed a suit which, among others, sought a declaration that the imposition of RM65,000 was exorbitant and excessive, and further for a declaration that any administrative fee imposed by Master Platform should be nominal
Dato’ Seri Rajan Navaratnam, who represented KAB and Impiana, had argued that when a purchaser has paid the purchase price in full, the purchaser becomes the absolute beneficial owner and the developer is merely a bare trustee pending the issuance of the separate strata title in which a developer is contractually and statutorily bound to apply and obtain the said separate strata title for the benefit of a purchaser concerned
He added that a purchaser therefore, owes no further obligation to a developer and accordingly should not be liable for any administrative fee pending the issuance of a separate strata title
Developers cannot gain from their own neglect, says lawyerRajan also argued that the only reason such consent was required in the first place was because a developer has either failed or delayed in applying for the issuance of a separate strata title and therefore a developer should not be allowed to reap a benefit or profit from its wrong or neglect
According to Rajan, even if a developer has a discretion to impose an administrative fee in the absence of any stipulation at the rate of 1%, then such discretion must be exercised in good faith, rationally and not arbitrarily or even it being abused, because the purchasers would then be at the mercy of developers through no fault of theirs
He urged the Court of Appeal to follow the recent UK Supreme Court decision of Berganza v BP Shiiping Limited and Another where the Supreme Court held that any contractual discretion must be exercised in good faith and not arbitrarily so that such a discretion would not be abused. It must be exercised consistently with its contractual purpose by concepts of honesty, good faith and genuineness and the need for the absence of arbitrariness, capriciousness, perversity and irrationally
The Appellate Court agreed with Rajan’s arguments and had ruled that the imposition of RM65,000 for administrative fee was exorbitant and excessive and instead held that KAB and Impiana were only required to pay a nominal sum of RM500 to the Master Platform for their consent
The unanimous decision by the Appeals Court also stated that while developers may retain a discretion to impose such a fee, nevertheless such fee imposed should only be nominal
Datuk Vernon Ong led the panel of judges, which also comprised Datuk Harmindar Singh Dhaliwal and Datuk Has Zanah Mehat
– NMT

Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2018/12/landmark-ruling-restricts-developers.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Mus

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
No Registration Fees For Tourist Accommodation Premises From Next Year

No Registration Fees For Tourist Accommodation Premises From Next Year

papar berkaitan - pada 21/12/2018 - jumlah : 247 hits
All tourism premises operators have been exempted from the tourist accommodation premises registration fee of RM70 from Jan 1 until March 31 2019 said Tourism Arts and Culture Minister Mohamaddin Ketapi At present he said about 1 700 premis...
No Official Request From Psb To Join Gps Yet

No Official Request From Psb To Join Gps Yet

papar berkaitan - pada 8/12/2018 - jumlah : 232 hits
Dato Sri Wong Soon Koh KUCHING Parti Sarawak Bersatu has not made any official request to join Gabungan Parti Sarawak says party president Dato Sri Wong Soon Koh 8220 All I can say is when we reach the bridge we will cross it 8230 But
Malaysia Most Popular Destination For Tourists From China

Malaysia Most Popular Destination For Tourists From China

papar berkaitan - pada 8/12/2018 - jumlah : 384 hits
Malaysia has become the most popular destination for tourists from China having recorded the highest number of tourist arrivals from the republic said Deputy Tourism Arts and Culture Minister Muhammad Bakhtiar Wan Chik He said tourist arriv...
Two New Vintage Style Motorcycles From 46works

Two New Vintage Style Motorcycles From 46works

papar berkaitan - pada 8/12/2018 - jumlah : 502 hits
It s around this time of year that all the top Japanese builders release their latest customs Many workshops have spent weeks burning the midnight oil to get a bike ready for display at the but Shiro Nakajima of has been even busier than mo...
Powerful Signals Expected From Both Rallies

Powerful Signals Expected From Both Rallies

papar berkaitan - pada 7/12/2018 - jumlah : 241 hits
In a sense the anti Icerd rally is a personal challenge to his leadership as the top Malay and Muslim leader Joceline Tan The Star THE line in the sand will be more clearly drawn than ever after tomorrow with the predominantly Malay politic...
Farisha Iris Alasan Terindah From Selafaz Cinta Soundtrack

Farisha Iris Alasan Terindah From Selafaz Cinta Soundtrack

papar berkaitan - pada 9/12/2018 - jumlah : 1179 hits
Lirik Lagu Farisha Iris Alasan Terindah From Selafaz Cinta Soundtrack Lirik Lagu Malaysia Terbaru Lagu Farisha Iris Alasan Terindah Lirik Terbaru Title Alasan Terindah Artist Singer Farisha Iris Song Writer Shah Shamsiri Composer Sharon Pau...
Cops To Record Statements From Organisers Over Kids At Anti Icerd Rally

Cops To Record Statements From Organisers Over Kids At Anti Icerd Rally

papar berkaitan - pada 10/12/2018 - jumlah : 377 hits
Inspector General of Police Mohamad Fuzi Harun says it is against the law to allow children to participate in rallies KUALA LUMPUR Top cop Mohamad Fuzi Harun says the police will question the organisers of Saturday s rally against the Inter...
A Fresh Spin On The Airhead Bmw Custom From Vagabund

A Fresh Spin On The Airhead Bmw Custom From Vagabund

papar berkaitan - pada 12/12/2018 - jumlah : 456 hits
Vagabund Moto have built some of the sharpest BMW airheads we ve seen They ve developed a signature style too custom boxers with and amazing attention to the tiniest of design details But the Austrian builders Paul Brauchart and Philipp Rab...
Siti Kasim Pas Loyalists Are Fools If They Fall For The Jihad Fundraising Drive To Save Siti Mastura S Skin

Ditch The Cubicle Your Home Office Guide

Kemalangan Di Lebuh Raya Utara Selatan Enam Mangsa Maut

Semak Bantuan Barang Dapur 2025

Scammer Di Facebook

Apa Kuasa Myeg Ke Atas Worldcoin

Major Projects Will Make Sarawak An Asian Economic Force Says Premier

Final Call The Huawei Service Giving Season Ends On 31 December 2024


echo '';
Info Dan Sinopsis Drama Berepisod Curang Tanpa Niat Slot Megadrama Astro Ria

5 Insiden Jalan Sesak Yang Berlaku Lebih 24 Jam Durasinya

Senarai Lagu Tugasan Konsert Minggu 6 Gegar Vaganza 2024 Musim 11

Keputusan Markah Peserta Konsert Minggu 5 Gegar Vaganza 2024 Musim 11

10 Filem Drama Seram Melayu Berhantu Terbaru 2024 2025 Mesti Tonton


Raih Gigi Putih Alami Dengan 7 Bahan Sederhana Ini

5 Rahasia Mata Sehat Yang Direkomendasikan Pakar Mata

7 Tanda Kerusakan Otak Yang Kerap Dianggap Remeh

Kawal Alergik Bila Alahan

Petua Kesihatan Untuk Orang Yang Sudah Berusia

Indah Delvia Tacilak Di Nan Rami Chord