LAKEFRONT RESIDENCE SDN BHD 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) SOH LI HUI 3. ) TAY WEI LONG

LAKEFRONT RESIDENCE SDN BHD 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) SOH LI HUI 3. ) TAY WEI LONG

The Court held the unilateral amendment and abandonment of the Approved Plan (promised CACS) and the hazardous indoor installation of outdoor AC condensers constituted defects within the SPA’s Defects Liability Clause, therefore the 12-month limitation in s16N(2) accrued from the expiry of the DLP (s16N(2)(b)); the Tribunal’s decision fell within its statutory jurisdiction and was not time barred. Accordingly the appeals were dismissed and the High Court decisions affirmed.

Citation
B-01(A)-528-07/2022 (Mahkamah Rayuan)
Parties
Appellant/vendor: Lakefront Residence Sdn Bhd; 1st Respondent/tribunal: Tribunal Tuntutan Pembeli Rumah; 2nd Respondent/purchaser: Wong Boon Leng; 2nd Respondent/purchaser: Soh Li Hui; 3rd Respondent/purchaser: Tay Wei Long; 2nd Respondent/purchaser: Chang Mon Fong; 2nd Respondent/purchaser: Low Chuan Jyi; 3rd Respondent/purchaser: Soo Mee Ling
Court
A
Jurisdiction
Malaysia
Judgment Date
25 October 2023
Case Number
B-01(A)-528-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (judicial Review/certiorari) / Judgment (court of Appeal)
Outcome
All appeals dismissed; High Court decisions affirmed.
Legal Topics
Housing Development (control and Licensing) Act 1966 Section 16 N(2), Defects Liability Period, Sale and Purchase Agreement and Approved Plan, Deed of Mutual Covenant, Jurisdiction of Tribunal, Time Limitation for Claims
Source Language
Malay/English
Housing Law Contract Law Administrative Law Property Law Tribunal Law Housing Development (control and Licensing) Act 1966 Section 16 N(2) Defects Liability Period Sale and Purchase Agreement and Approved Plan +3 more

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Parties

Lakefront Residence Sdn Bhd

Appellant/vendor

Tribunal Tuntutan Pembeli Rumah

1st Respondent/tribunal

Wong Boon Leng

2nd Respondent/purchaser

Soh Li Hui

2nd Respondent/purchaser

Tay Wei Long

3rd Respondent/purchaser

Chang Mon Fong

2nd Respondent/purchaser

Low Chuan Jyi

2nd Respondent/purchaser

Soo Mee Ling

3rd Respondent/purchaser

Procedural Posture

Civil Appeal (judicial Review/certiorari) / Judgment (court of Appeal)

Legal Issues

  1. 1 Whether TTPR claims were time barred under s16N(2) HDA
  2. 2 Whether the Tribunal exceeded its jurisdiction under s16N(2) HDA by determining matters allegedly outside the SPA
  3. 3 Whether the hazardous indoor installation of outdoor AC condensers constituted a defect within the Defects Liability Period and breached the SPA

Ratio Decidendi

The Court held the unilateral amendment and abandonment of the Approved Plan (promised CACS) and the hazardous indoor installation of outdoor AC condensers constituted defects within the SPA’s Defects Liability Clause, therefore the 12-month limitation in s16N(2) accrued from the expiry of the DLP (s16N(2)(b)); the Tribunal’s decision fell within its statutory jurisdiction and was not time barred. Accordingly the appeals were dismissed and the High Court decisions affirmed.

Court Disposition

All appeals dismissed; High Court decisions affirmed.

Orders

  • Dismissed appeals B-01(A)-527-07/2022, B-01(A)-528-07/2022, B-01(A)-529-07/2022 and B-01(A)-803-11/2022
  • Affirmed the respective High Court judgments upholding Tribunal awards