Apartment owners win RM3mil suit against developer over ‘missing’ rooftop garden
After nine years, 50 apartment owners have won a case against the property developer for not constructing a rooftop garden on the building, as represented in the sale and purchase agreement.
The High Court here ruled on Friday that Austin Heights Sdn Bhd, the developer for Midori Green Apartments, had failed to adhere to the terms in the agreement, which specified the construction of the garden.
Justice Nurulhuda Nur’aini Nor, in delivering her oral judgment, ordered the payment of a total of RM2.7 million to 50 purchasers in compensation and damages in lieu of specific performance amounting to 10% of each apartment’s purchase price.
As for the late delivery of vacant possession to 39 of the plaintiffs, the judge ordered the developer to pay them a total compensation of RM443,641. She also…
