The written judgement can be read from http://www.kehakiman.gov.my/directory/judgment/file/02(f)-15-2011_(W).pdf (please be patient, the kehakiman.gov.my website may sometimes be down)

Summary 1: Lawsuit Progress

3PM – 5PM, 29 Jun 2008, there was a briefing on the current progress. The tactical move that the law firm Ngeow & Tan took (along with leading counsel Malik Imtiaz Sarwar) was to allow Group 1 & Group 2 of the lawsuit to progress independently. This way, if one favours us & the other does not, there’s still chance (for both parties), which is exactly what’s happening now. Both parties here are actually between the plaintiffs & the banks. This is due to the fact that Dataran Mantin is considered “collapsed” as they are already under receivership & you get zero cents by just sueing them only.

Group 1: Hearings in the High Court for the first of many strike-out applications favours the banks.

Group 2: Hearings in the High Court for the first of many strike-out applications favours the plaintiffs (yes, that’s us).

It’s a stalemate, so now we wait for the appeal at the Court of Appeals where there will be 3 judges to give their final verdict. For more information on who’s who in group 1 & 2, please read the previous post: Lawsuit Update (Ngeow & Tan)

So this court of appeal will set us back another 6 – 12 month’s time. If we win in the Court of Appeals, there will be at least another 2 more years for the trial to start and reach its conclusion.

Summary 2: Group 3 & 4

Well, Group 3 hasn’t really progressed much. This is because it is waiting for the verdict of Group 1 & 2. If we win the appeal, we will all (Group 1, 2, 3 & 4) be grouped together for a single trial.

Group 4, well… this is to be filed NEXT WEEK. This is to be fair to all those 30+ who have already signed up & paid. THIS IS THE LAST GROUP! Group 5 does NOT exist.

Whether the Law of Limitation will take effect 6 years from the SPA (Sales & Purchase Agreement) or VP (Vacant Possession), an update will be edited here as and when Mr. Ngeow & team gets the majority decision in another few day’s time.

Law of limitation of 6 years starts from: VACANT POSSESSION (VP)
Updated on 1 July 2008

So Ladies & Gentlemen, LAST CALL FOR GROUP 4, if you choose to miss this boat, you have only yourself to blame. If you want to know your risk, please check out Fears of Bankruptcy and for those who wants to join Group 4, please contact the law firm, Ngeow & Tan and submit the documents as stated in BUTL Group 4 Briefing (that was held on 22 Mar 2008 ).

• The documents stated in the posting (BUTL Group 4 Briefing) above are reproduced here for your ease of viewing. The documents required are copies (not originals) of
  1. Sales and Purchase agreement,
  2. Guaranteed Return Scheme (GRS),
  3. Deed of Mutual Covernants,
  4. Loan Agreement,
  5. Deed of Assignment,
  6. Receipts,
  7. Bank statements and
  8. Fee payment.
• Address: Ngeow & Tan, 157-1 Jalan Segambut, 51200 KL
  • Contact Person: Mdm Yap / Miss Lee 03-6257 8796 (OFFICE) 03-6457 9895 (FAX)
  • Mr. Ngeow Yin Ngee, ngeow_tan@yahoo.com 
• Fee is RM 2,000

Summary 3: Joint Management Body

The ForABetterButl Team is still trying to get all the 5-storey walk-ups to have only 1 JMB. Once this is confirmed, we will have a JMB meeting. The first JMB meeting will be called by them so to those who have not registered with them yet, please do so. You need to send an email to forabetterbutl@gmail.com with subject “Register“ & Body of email to include “1. Parcel No. (or Nos if you bought more than 1 unit)“, “2. Name (both names if joint owner)“, “3. Address (both addresses if joint owner)“ & “4. Contact No. (both contact nos if joint owner)“.

Sri Palma Villa (SPV) of Block 1, 2, 3 & 6 already have a JMB, please take all your queries to this blog: Sri Palma Villa 1, 2, 3 & 6 and please support the chairman of the JMB. If you put yourself into the shoes of the chairman & rationalise the need to save SPV, you would already have imagined that RM 5,000 has already left your pocket. We are all in need of help. So those who can help out, please do so. BUTL needs rebranding.

Also, Dataran Mantin always like to bill you 6 months in advance. DO NOT GIVE THEM ANY MORE MONEY!! They will not take care of that place. They are already under receivership. Mr. Tang Chai Yoong has just been charged (on 19 June 2008 ) in court for CBT (Criminal Breach of Trust) of RM 16 million.

Then, there is this sole Sri Palma Villa Block 5 facing the main road under its own development unit. This block is facing the worst fear of having few tenants, if at all any. Purchasers of this block will need to setup a JMB by themselves or if left alone, will probably be managed by an agent as stipulated in Act 663, Section 25, appointed by the MPN’s Commissioner of Buildings.

Remember, once the JMB is formed, the developer takes order from the JMB, and the JMB is supposed to represent you, the purchasers of the apartments. Please do your part to safeguard your investment. This is the time to be united. Once the apartment’s JMB has been sorted out, we will go after the colleges to make sure that it is also managed properly.

Whether or not we win against the banks, this property in the mean time is still yours.. so please take good care of it.

This post will be updated soon.. once more information is received. Many thanks to all who attended the briefing, both the speakers and the audiences, especially to the ForABetterButl Team & the Pro Tem Committee of Butl for organising it. Also, a round of applause for the briefing was conducted in English, Bahasa & Mandarin. Last but not least, those who contributed through monetary means, THANK YOU VERY MUCH.

So please, whoever is willing to share your vehicle, please advertise your

Name (& Phone no. if you wish):
Pickup Point (exact road name & landmark):
Vehicle Reg No. (& type):

then some of you can respond so as to fill up the car / van / bus / lorry / motocycle / tricycle / & whatever. Together & United, we will win this war!

Date: Sunday, 29 June 2008
Time: 3PM

Venue
Malaysian Palm Oil Board (MPOB)
6, Persiaran Institusi
Bandar Baru Bangi
43000 Kajang, Selangor
Exact Location: Bactris Hall (see maps below)

Then, there’s something happened yesterday…
(theStar) Cops prevent fight at Mantin college

And with some comments on theft, burglary in and around BUTL. It’s no wonder that people get suspicious that it might be DM, who no longer gets to squeeze the purchasers anymore, who are involved in this. Like how can the thugs not be related to the Grand Saga incident isn’t it? Common sense prevails here. Of course, they may claim that some people don’t like them & these people then hire thugs to shame them further. We don’t care! As far as we are concerned, DM’s status is already -∞, yup, that’s negative infinity. No matter how many rotten eggs you throw at them will not make these scums any more stinkier.

So then, what do we do? Do we pay the JMB to at least restore some kind of security from “could be” DM’s thugs or DM’s junkyard friends? Do we unite to see what we can do to help out the committees of the JMB, or do we just sit back, relax (or get angry & high blood pressure, whichever) be selfish & just enjoy the show?

Let’s face it. Our investment is GONE !!! Court case will take years. Do you still want to be preyed by people like DM still? If you do, then you must retain your typical prey like attitute such as procastination, unshrewness, tidak-apa (yes, this the most famous one), continue to accept the fact that you are powerless, illiterate & ignorant to all the happenings in this world.

We are all busy, we are not as book-wormy like the lawyers, we are all but rich. Yes, these are the people that DM looks for. No longer! We were bitten & we will not be bitten again. So let’s work together. Work with your JMB. The 5-storey walk up will have their JMB meetings soon to elect the respective committees. DM preyed on us for our money 6 years ago. Do not allow them to prey on our precious metals of our buildings & our belongings today. We only need to be united to get out of this cold !

This briefing will be an update on the lawsuit against Dataran Mantin & the banks. Here, you will get the current status as well as Q&A session. So those who kept asking what the %*&#$^@! is going on, here’s the chance.

This will also be the briefing for all the happenings that the Pro Tem Committee has pursued in terms of the JMB (Joint Management Body).

Date: Sunday, 29 June 2008
Time: 3PM

Venue
Malaysian Palm Oil Board (MPOB)
6, Persiaran Institusi
Bandar Baru Bangi
43000 Kajang, Selangor
Exact Location: Bactris Hall (see maps below)

Since the venue is not free & it is organised by the Pro Tem Committee using their own money & contribution from some BUTL owners, it is entirely up to you should you wish to play a role to this cause. Financial contribution is most welcomed, the active Committee’s time is priceless so if there are those who would like to contribute their time too, it is very, very much appreciated. Thank you.

But wait, there were many striking out applications, what about the rest? Well, conventional wisdom would allow us the thought that if the first strikeout is unsuccessful by the bank(s), then the rest of the strikeouts by the other banks should be consistent and should not take 2 years for each strikeout to be heard & judgment made. So let’s wait and see. Note, the striking out applications have to be resolved first before proceeding to trial. And let’s hope that the rest of the striking out applications can be sorted out soonest, the law firm still have to file an application to group all Group 1, Group 2, Group 3 & soon to be filed Group 4 together for trial.

Speaking of Group 4, funny why there’s only 21 documents submitted? Where are the rest of you? Some are so eager to sue but they are dragged back by alot of the “procastinateur extraordinaire”. We know, we are all busy, working 6.5 days a week, 16 hours a day, just to make ends meet. Surely you can spend that 0.5 day to sort out the documents and submit it to the law firm. They still need time to vet through to see if the possibility for filing is still available (due to SPA’s date, etc). So PLEASE, make your intentions known. Thank you all.

The more who does it, the more they will feel the heat. These are coming from the ForABetterButl Team. And all of them are faxing & cc to all the respective organisations. Let them feel the power of the people !!!

Letter of Demand to Dataran Mantin
Letter of Demand to PricewaterhouseCoopers

Sources says this team has already met up with the Authority to get permission to organise the meeting themselves. So those who have not registered with them yet, please do so. And don’t forget to fire DM & PwC !

1PM, 12 April 2008 – Completed

4PM, 18 April 2008 – Completed

YB YAP YEW WENG (ADUN, N10 Nilai) 017-677 3789

Pt 20578, Tingkat 1, Jalan TS2/1F
Taman Semarak 2, 71800 Nilai, NS.

In a highly charged meeting that went on between the purchasers (yes between us only), which was probably the first time we all met each other apart from all the lawyer sessions, the voice of the purchasers were there to drown out any inch of bravery that Dataran Mantin still has. Surprisingly, out of the 300+ people who attended, only a handful have taken legal action & 90+% knows nothing about this legal action!

So after this BiG BANG, it was not surprising that Dataran Mantin cancelled today’s JMB Meeting! So is this another “test-water” session by Dataran Mantin? And at the same time escaped the jaws of Act 663 Section 5(5), where they can be fined no more than RM20k?

When asked, more than 50% of the purchaser said they did not receive any JMB letter. So how do we punish Dataran Mantin for ignoring Act 663 Section 5(2)? Jimat wang stamp ke, Dataran Mantin?

But one thing is certain, there are 2 options now for Dataran Mantin.

1. Setup a 2nd Meeting

2. Pass it down to the commission for them to then get a Management Agent to run BUTL.

Of course, option 2 does not favour us. We will have to wait & see what the ForABetterButl Team can come out with. At least they came with 1 State Assemblymen & 1 Member of Parliament for this BIG BANG. It must be time now to make these representatives of the rakyat to present to the DUN (Dewan Undangan Negeri) Negeri Sembilan & the Parliament of the need to amend Act 663 Section 6(2) that, for all sick projects, getting even 0.25% to pay maintenance is difficult enough, nevermind 25% !!!

For more information on Act 663
http://www.hba.org.my/laws/building/bcpAct2007.htm