Monday, May 19, 2025

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.

 

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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