TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Anna Chin Kui Len

TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Anna Chin Kui Len

Court held Sarawak HDO 2013 and Sarawak HDR 2014 operate as social legislation to protect purchasers; regulation prohibiting collection of payments except under the prescribed SPA means payment of booking fees before execution of SPA must be treated as the effective contracting date for purposes of LAD; booking fees do not operate as an independent option to purchase under Sarawak law; Tribunal did not exceed jurisdiction on split technical and non‑technical claims; High Court erred in quashing portions of Tribunal awards and its order was set aside, appeals allowed and cross‑appeals dismissed (with a specific variation of calculation in Appeal 176).

Citation
Q-01(A)-174-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Anna Chin Kui Len; Appellant: Liew Khing Ann; Appellant: Tiong Kwong Ngon; 1st Respondent: RJ Realty Sdn. Bhd.; 2nd Respondent / Appellant in Related Appeals: Tribunal Tuntutan Pembeli Rumah / Tribunal for Housing Purchaser Claims Sarawak
Court
A
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
Q-01(A)-174-03/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) From High Court Judicial Review of Tribunal Awards / Appeal Heard and Judgment Delivered (appeals Allowed; Cross Appeals Dismissed)
Outcome
Main appeals allowed; High Court order set aside in part; Tribunal awards reinstated and developer ordered to pay LAD as calculated from booking fee payment date; cross‑appeals of developer dismissed
Legal Topics
Judicial Review, Liquidated Ascertained Damages, Statutory Interpretation, Booking Fees, Tribunal Jurisdiction, Split Claims
Source Language
Malay/English
Administrative Law Contract Law Property Law Housing Regulation Civil Procedure Judicial Review Liquidated Ascertained Damages Statutory Interpretation +3 more

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Parties

Anna Chin Kui Len

Appellant

Liew Khing Ann

Appellant

Tiong Kwong Ngon

Appellant

RJ Realty Sdn. Bhd.

1st Respondent

Tribunal Tuntutan Pembeli Rumah / Tribunal for Housing Purchaser Claims Sarawak

2nd Respondent / Appellant in Related Appeals

Procedural Posture

Civil Appeal (court of Appeal) From High Court Judicial Review of Tribunal Awards / Appeal Heard and Judgment Delivered (appeals Allowed; Cross Appeals Dismissed)

Legal Issues

  1. 1 Whether Sarawak Housing Development (Control and Licensing) Ordinance 2013 and Regulations 2014 are social legislation warranting protective construction
  2. 2 Whether liquidated ascertained damages (LAD) run from date of booking fee payment or from date of sale and purchase agreement (SPA)
  3. 3 Whether payment of booking fee amounts to an option to purchase under Sarawak law

Ratio Decidendi

Court held Sarawak HDO 2013 and Sarawak HDR 2014 operate as social legislation to protect purchasers; regulation prohibiting collection of payments except under the prescribed SPA means payment of booking fees before execution of SPA must be treated as the effective contracting date for purposes of LAD; booking fees do not operate as an independent option to purchase under Sarawak law; Tribunal did not exceed jurisdiction on split technical and non‑technical claims; High Court erred in quashing portions of Tribunal awards and its order was set aside, appeals allowed and cross‑appeals dismissed (with a specific variation of calculation in Appeal 176).

Court Disposition

Main appeals allowed; High Court order set aside in part; Tribunal awards reinstated and developer ordered to pay LAD as calculated from booking fee payment date; cross‑appeals of 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 and Q-01(A)-221-04/2022
  • Set aside High Court order dated 24 March 2022 insofar as it quashed Tribunal awards granting LAD from booking fee date