TRIBUNAL FOR HOUSING PURCHASER CLAIMS 1. ) RJ REALTY SDN. BHD. 2. ) ANNA CHIN KUI LEN (F)

TRIBUNAL FOR HOUSING PURCHASER CLAIMS 1. ) RJ REALTY SDN. BHD. 2. ) ANNA CHIN KUI LEN (F)

Court of Appeal held Sarawak HDO 2013/HDR 2014 are social legislation to be construed purposively; Regulation 9(4) prohibits collection of payments except as prescribed and where booking fees were collected prior to execution of SPA the effective contract date for LAD purposes is the date of payment of the booking fee; Tribunal correctly calculated LAD from booking fee date; Tribunal did not exceed jurisdiction on the facts because technical and non-technical claims are separate matters; cross-appeals by developer were incompetent and dismissed.

Citation
Q-01(A)-220-04/2022 (Mahkamah Rayuan)
Parties
Appellant: Anna Chin Kui Len; Appellant: Liew Khing Ann; Appellant: Tiong Kwong Ngon; First Respondent / Developer: RJ Realty Sdn. Bhd.; Appellant in Appeals 220 & 221; Second Respondent in Appeals 174,175,176: Tribunal for Housing Purchaser Claims (Tribunal Tuntutan Pembeli Rumah Sarawak)
Court
A
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
Q-01(A)-220-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeals From High Court Judicial Review Order (appeal Allowed; Cross Appeals Dismissed)
Outcome
Main appeals allowed; High Court order dated 24 March 2022 set aside in part; cross-appeals by developer dismissed
Legal Topics
Liquidated Ascertained Damages (lad), Booking Fees and Deposits, Statutory Prescribed Sale and Purchase Agreement, Tribunal Jurisdiction and Limits, Judicial Review and Certiorari, Social Legislation Doctrine
Source Language
Malay/English
Housing Law Administrative Law Contract Law Statutory Interpretation Civil Procedure Liquidated Ascertained Damages (lad) Booking Fees and Deposits Statutory Prescribed Sale and Purchase Agreement +3 more

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Parties

Anna Chin Kui Len

Appellant

Liew Khing Ann

Appellant

Tiong Kwong Ngon

Appellant

RJ Realty Sdn. Bhd.

First Respondent / Developer

Tribunal for Housing Purchaser Claims (Tribunal Tuntutan Pembeli Rumah Sarawak)

Appellant in Appeals 220 & 221; Second Respondent in Appeals 174,175,176

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeals From High Court Judicial Review Order (appeal Allowed; Cross Appeals Dismissed)

Legal Issues

  1. 1 Whether Sarawak HDO 2013 and Sarawak HDR 2014 constitute social legislation requiring purposive construction to protect house buyers
  2. 2 Whether LAD for delayed delivery of vacant possession is to be calculated from date of payment of booking fee or from date of the Sale and Purchase Agreement (SPA)
  3. 3 Whether payment of booking fee constitutes a lawful 'option to purchase' under Sarawak law

Ratio Decidendi

Court of Appeal held Sarawak HDO 2013/HDR 2014 are social legislation to be construed purposively; Regulation 9(4) prohibits collection of payments except as prescribed and where booking fees were collected prior to execution of SPA the effective contract date for LAD purposes is the date of payment of the booking fee; Tribunal correctly calculated LAD from booking fee date; Tribunal did not exceed jurisdiction on the facts because technical and non-technical claims are separate matters; cross-appeals by developer were incompetent and dismissed.

Court Disposition

Main appeals allowed; High Court order dated 24 March 2022 set aside in part; cross-appeals by developer dismissed

Orders

  • Allow appeals Q-01(A)-174-03/2022, Q-01(A)-175-03/2022, Q-01(A)-176-03/2022, Q-01(A)-220-04/2022, Q-01(A)-221-04/2022
  • Set aside High Court order of 24 March 2022 insofar as it quashed Tribunal awards that calculated LAD from booking fee payment date