Fri 9 Dec 2011
An interesting read about the BP Mall land dispute.
From the New Straits Times Online:
http://www.nst.com.my/local/general/developer-told-to-return-possession-1.15926
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Developer told to return possession
JOHOR BARU: In what is believed to be the biggest land dispute between two developers in Johor in recent years, the High Court ordered the developer of the BP Mall in Batu Pahat to return possession of the land, where the mall is located, to another developer.
The High Court issued the order on Dec 1 after finding the sale and purchase agreement between Atlas Housing Sdn Bhd and Dream Property Sdn Bhd, on Nov 19, 2004, to be void.
This was because Dream Property only paid a 10 per cent deposit for the land purchase, amounting to RM33.5 million, but did not settle the purchase price in full to Atlas Housing by May 21, 2006.
Judicial Commissioner Supang Lian ordered Dream Property to return vacant possession of the land at Mukim Simpang Kanan to Atlas Housing by Jan 11.
He also ordered Atlas Housing to pay Dream Property the construction costs of BP Mall erected on the land.
Supang said the defendant had breached the agreement and the power of attorney as it proceeded to build the mall without settling the purchase price in full.
Also, Dream Property was ordered to give a statement of account on rentals and sales derived from the land over the years and pay them to Atlas Housing.
However, the court will also jointly assess the revenue in the form of rentals and sales, as well as the cost in building the mall.
Atlas Housing was represented by Gan Techiong while Dream Property by Datuk Yeo Yang Poh.
Dream Property filed an appeal, but the Court of Appeal has not fixed a date for hearing.
There are more than 200 tenants at the shopping mall.
Atlas Housing said it was not legally bound by any contract between Dream Property and the existing tenants. It was, however, willing to adopt existing tenancy contracts, which were bona fide.
It said any party that had entered into tenancy contract with Dream Property about the land and wished to rent from Atlas Housing needed to send a copy of the existing tenancy contract to Atlas Housing’s solicitor within 14 days from today.












SK Montfort Batu Pahat / Montfort School Batu Pahat:
Mohd Shah Baryani Batu Pahat - World Famous!:
High School Batu Pahat:
Hotels in Batu Pahat (Part 2):
Terminal Bas Ekspres Batu Pahat:
Nasi Baryani (near Low Piak):
Old photos of Batu Pahat, courtesy of Tigersden (Part 1):
Convent of the Holy Infant Jesus Batu Pahat :
Presbyterian Saving Grace Church, Batu Pahat.:
More on BP Mall.:
Interesting case of the BP Mall land dispute.: