About DATUK
YIP KUM FOOK court case
The Role of
Stakeholder Solicitors Withholding Stakeholding Monies under the Housing
Development Act 1966
In Embassy
Court Sdn Bhd v Yip Kum Fook & Ors [2014] 10 CLJ 295, the High Court
emphasised that stakeholder solicitors cannot release them without the
consensus of all parties and confirmation that SPA conditions are met. The High
Court, following Datuk M Kayveas, reiterated that under clauses 29 or 30 of the
SPA, since the required notices have been given and acknowledged, the solicitor
holding stakeholding monies cannot release them without the consent of both the
plaintiff and the purchaser. Thus, the unauthorised release of stakeholding
monies constitutes a violation of Section 22E, subjecting the solicitor to
penalties.
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