Puncakdana
What we found
In Chung May Yen v Puncakdana Development Sdn Bhd [2002] 7 MLJ 216, the court ruled for the purchaser, holding that she had not waived her right to end the S&P over late delivery of vacant possession even though she sent the termination notice only seven months later.
The evidence
Delivery
Puncakdana's first two developments, next to Ara Damansara, were Puncak Seri Kelana, completed in 2002, and Puncak Nusa Kelana, completed in 2003. The company had completed about RM500 million of GDV, and its Citta mall was scheduled to open in January 2011. The planned completion dates of these projects are unknown, so it cannot be judged whether they finished on time or late.
One more finding
Puncakdana has completed Citta Mall, Myara Park and Amara Residences in Ara Damansara, Selangor.
Regulatory and legal
NegativeIn 2003 Puncakdana Sdn Bhd applied to the High Court in Kuala Lumpur (R1-25-53-2003, Raus Sharif J, judgment 4 September 2003) to quash awards the Tribunal for Homebuyer Claims had made against it, arguing the Tribunal had no jurisdiction over S&Ps signed before 1 December 2002. The High Court agreed and allowed the application with no order as to costs, but the Court of Appeal reversed that decision on 6 April 2004.
One more finding
In a purchaser's suit against Puncakdana Development Sdn Bhd, the High Court found that the delay in delivering vacant possession at D'Tinggian Nusa, Kuala Kubu Bahru, was the developer's own fault, and ordered it to refund all the money the purchaser had paid, with interest at 8% a year and costs.
Independent recognition
AraTre' Residences @ Ara Damansara by Puncakdana Sdn Bhd won Best Condo/Apartment Architectural Design and was Highly Commended for Best Mid End Condo/Apartment Development (Central) at the PropertyGuru Asia Property Awards Malaysia 2021. These were awards for the project, not for the company as a whole.
