Following the case recently won by Lawbird lawyers on behalf of a British client against developer Peñarroya, another ruling with positive outcome involving the the same developer has been received in our offices. It is a second and final ruling at Málaga’s High Appeal Court, which has been passed on the 15th October 2009.

Our client had purchased in 2003 an off plan property from developer Peñarroya at well-known development La Reserva de Marbella, Elviria, Marbella East, Málaga Province. The developer had breached the Private Purchase Contract because of late delivery in handing over the property and not having attained from Marbella’s Town Hall what is known as a Licence of First Occupation.

Our client withdrew from the Private Purchase Contract and litigated for a full refund of her deposit. She won the First ruling on the 26th February 2008. This First ruling was appealed by the developer’s lawyers. She has now won a Second and Final ruling on her matter which overturns the developer’s appeal. The High Court has confirmed in its entirety the First ruling whereby she was entitled to a full refund of her deposits (over 80,000€) plus legal interests accrued since early 2005. The High Court has additionally awarded her the legal fees and expenses arising from this appeal which will be paid for by the defendant, developer Peñarroya .