Lakefront Residence Sdn Bhd 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) Chang Mon Fong

Lakefront Residence Sdn Bhd 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) Chang Mon Fong

The Court held the Tribunal did not exceed jurisdiction and the claims were not time barred: the SPA and its Approved Plan promised a CACS, vendor admitted unilateral deviation, and hazardous indoor installation of outdoor compressors amounted to a defect within the SPA's Defect Liability Period; therefore claims were within s16N(2)(b) and timely. Appeals dismissed and High Court decisions affirmed.

Citation
B-01(A)-529-07/2022 (Mahkamah Rayuan)
Parties
Appellant Vendor: Lakefront Residence Sdn Bhd; Respondent Tribunal: Tribunal Tuntutan Pembeli Rumah; Respondent Purchaser: Wong Boon Leng; Respondent Purchaser: Soh Li Hui; Respondent Purchaser: Tay Wei Long; Respondent Purchaser: Chang Mon Fong; Respondent Purchaser: Low Chuan Jyi; Respondent Purchaser: Soo Mee Ling
Court
A
Jurisdiction
Malaysia
Judgment Date
25 October 2023
Case Number
B-01(A)-529-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From High Court Judicial Review/certiorari of Tribunal Tuntutan Pembeli Rumah Award / Court of Appeal Judgment (final Disposition)
Outcome
Appeals dismissed; High Court decisions affirmed.
Legal Topics
Housing Development (control and Licensing) Act 1966, Tribunal Jurisdiction Under S16 N(2), Defect Liability Period, Certificate of Completion and Compliance, Sale and Purchase Agreement Terms
Source Language
Malay/English
Housing Law Administrative Law Contract Law Property Law Housing Development (control and Licensing) Act 1966 Tribunal Jurisdiction Under S16 N(2) Defect Liability Period Certificate of Completion and Compliance +1 more

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Parties

Lakefront Residence Sdn Bhd

Appellant Vendor

Tribunal Tuntutan Pembeli Rumah

Respondent Tribunal

Wong Boon Leng

Respondent Purchaser

Soh Li Hui

Respondent Purchaser

Tay Wei Long

Respondent Purchaser

Chang Mon Fong

Respondent Purchaser

Low Chuan Jyi

Respondent Purchaser

Soo Mee Ling

Respondent Purchaser

Procedural Posture

Civil Appeal From High Court Judicial Review/certiorari of Tribunal Tuntutan Pembeli Rumah Award / Court of Appeal Judgment (final Disposition)

Legal Issues

  1. 1 Whether Tribunal claims were time barred under s16N(2) HDA
  2. 2 Whether Tribunal exceeded jurisdiction under s16N(2) HDA by considering CACS/SPAs matters
  3. 3 Whether unilateral deviation from approved plans amounted to a defect within DLP

Ratio Decidendi

The Court held the Tribunal did not exceed jurisdiction and the claims were not time barred: the SPA and its Approved Plan promised a CACS, vendor admitted unilateral deviation, and hazardous indoor installation of outdoor compressors amounted to a defect within the SPA's Defect Liability Period; therefore claims were within s16N(2)(b) and timely. Appeals dismissed and High Court decisions affirmed.

Court Disposition

Appeals dismissed; High Court decisions affirmed.

Orders

  • Appellant to pay costs of RM10,000.00 each to the respective Respondents in the four appeals (total RM40,000.00), subject to allocatur