Subsequent determinations
39OA.—(1)  After an assessor has made a determination under section 39O(1)(b) of an amount of reimbursement that the purchaser is entitled to claim from the developer under section 39K (called in this section the original determination), the assessor or another assessor may, either on his or her own motion or on the application of all or any of the persons to whom the assessor’s original determination relates, vary or replace the determination if —
(a)one of those persons adduces further information or documents after the original determination which would have had a material influence on the original determination but which could not have with reasonable diligence been obtained for use at the proceedings before the assessor; and
(b)it is fair and just for a variation or replacement of the original determination to be made under this subsection.
(2)  In considering whether it is just and fair for a variation or replacement of the original determination to be made under subsection (1), the assessor must take into account the following factors:
(a)whether there has been any undue delay in the making of the application for a subsequent determination under subsection (1);
(b)whether any person has taken any action in reliance on the original determination.
(3)  Where a subsequent determination varies or replaces an original determination so as to increase the amount of reimbursement that the purchaser was entitled to claim from the developer under the original determination, then the purchaser may —
(a)set off the amount of the increase against any instalment or other payment payable by the purchaser to the developer under the affected agreement; and
(b)take any action to recover from the developer, as a debt due to the purchaser, the amount of the increase (less any such set-off),
and section 39J does not apply to the taking of any action under paragraph (a) or (b).
(4)  Where —
(a)a subsequent determination varies or replaces an original determination so as to reduce the amount of reimbursement that the purchaser was entitled to claim from the developer under the original determination; and
(b)the aggregate of the amount of set-off (if any) that the purchaser has effected under section 39K and the amount (if any) that the purchaser has recovered from the developer under that section, pursuant to the original determination, is in excess of the amount of the reimbursement that the developer is liable to pay the purchaser under the subsequent determination,
that excess amount is recoverable by the developer as a debt due from the purchaser.
[Act 9 of 2021 wef 01/07/2021]