I will post our findings from the meeting. Our lawyer represented us.
It would be good if we can get every investor here to join us. I have supplied our admin email address in a previous post.
1. What the developer said did not come across as credible and seemed clear they were not taking it seriously. Reference made to company cash flow problems and they are trying to raise a loan but it will not be done until October and then they will need 8 months to complete and obtain the certificate of fitness, ie by next June (by when we are time barred in taking action...).
2.Discussion about why 8 months as developer said only 10% left to complete and given that 10% of the purchase price still owed it must be possible to get a bridging loan and finish the project. Developer not have a good answer to that.
3. Local purchasers very angry and demanded it all be done by the end of this year. Ministry asked the developer to commit to this but they refused. Developer invited us to take them to court if we are not happy!
4. Lawyer discussed with Ministry whether they can do something despite the exemption given in 2007 under the Housing Development Act. Lawyer argued they still had the power to declare it abandoned despite the exemption. Ministry man will consult with his own in-house lawyers.
5. Why is the abandonment declaration important? Its to do with helping put Reliable Capacity into liquidation and having our own liquidator appointed. At present the developer is not in breach of contract and if we went to court against the developer now the court unlikely to award damages so we can not arrange a liquidation. However, once the Ministry declares it abandoned then liquidated damages would crystallize just as if vacant possession delivered and we could then go to court to get a liquidation.
6. If the Ministry does not give the declaration it may be necessary to go to court to insist they use their powers to do so (as per my email a few weeks back).
7. The lawyer has discussed this with a friendly liquidator. Once appointed he would do a feasibility study to finish the project (ie costs to complete). It would need 70% of the investors to agree with the proposed plan to complete and then it becomes binding on the minority. It would be possible to structure the liquidation so that costs are fairly apportioned between investors taking account of the fees we have already paid, ie so there will be no free ride for those that do not join the group legal action.
8. In any case the local purchasers are being helpful and discussed collaboration with our lawyer. Some claim they have evidence of fraud and will pass to the lawyer. If money we paid was not used for the proper purpose we can take action against Roslan Khalid and whichever companies the funds were moved to. The lawyer said this is the only way we can claim against projects/assets of the KB group. The fact that their staff have been involved with Axis Crown is not by itself a reason to claim against KB group. (A liquidator may also be able to review transactions and recover assets if they have been siphoned off.)
9. The local purchasers also believe that Reliable Capacity may be in breach of certain other agreements and will pass details to the lawyer. If so, this will help us put RC into liquidation even if the Ministry is unhelpful and refuses to declare it abandoned.
10. We discussed filing a 'private caveat'
11. The next meeting is fixed for the 28th, again with the developer invited.